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

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AKHTAR GUL (Deceased) VS MUHAMMAD ASHIQ S. 12---Suit for specific performance---General power of attorney, cancellation of---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 buyers (vendees) was not binding on him(owner)---Suit for specific performance by alleged buyers was concurrently decreed---Validity---Though the respondents/plaintiffs (vendees) had produced one of the attesting witnesses of alleged agreement to sell in support of their claim but this would not be sufficient enough to pave way for their claim as with the cancellation of general power of attorney by the original owner (predecessor-in-interest of petitioners),the attorney (respondent) would be left with no right or authority to alienate the suit property in favour of respondents (plaintiffs/buyers)---Plaint of respondents (plaintiffs/buyers) revealed that they entered into alleged sale transaction with respondent (attorney) on the very date when the general power of attorney was cancelled by predecessor-in-interest of the petitioners---Even otherwise, when the respondent/attorney failed to prove the agreement to sell in his favour, respondents (plaintiffs/buyers) would be precluded to claim any right or interest in the suit-property on the basis of any transaction, which was an offshoot of such agreement to sell or the deed of attorney, which was no more in field at the relevant time---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.

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

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