AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S — 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S
Subject matter: Civil
Provisions referred to: S. 12---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AKHTAR GUL (Deceased) VS MUHAMMAD ASHIQ S. 12---Suit for specific performance---General power of attorney, cancellation of---Filing of suit by special/subsequent attorney under general power of attorney---Scope and effect---Original owner (predecessor-in-interest of petitioners) executed general power of attorney to sell suit-property---Stance of predecessor was that attorney being real estate agent assured that he would sell the suit-property at a better rate in presence of principal (owner) but on his betrayal/misusing the general attorney it was cancelled after three months of its execution, thus, any agreement by the agent/attorney to alleged buyers was not binding on him (owner)---Suit for specific performance by alleged buyers was concurrently decreed---Validity---Suit for specific performance was instituted by the (attorney) through his own attorney (respondent) at such time when the general power of attorney was already cancelled, so in that eventuality special power of attorney on the basis of which the respondent instituted the suit was no more in field as such suit was not proceedable at all but this important aspect had not been taken into consideration by either of the courts, while decreeing the suit---High Court set-aside impugned judgments and decrees passed by both the Courts below; consequently, suits instituted by the respondents stood dismissed---Revision filed by successors-in-interest of original owner of the suit-property was allowed, in circumstances.

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