Mohsin Lal Chaudhary vs Shoukat Ali Ss — 2025 MLD 1268 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 1268 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Mohsin Lal Chaudhary vs Shoukat Ali Ss
Subject matter: Criminal
Provisions referred to: S. 215---T; S. 54---S; S. 215; Contract Act (IX of 1872); Property Act (IV of 1882); Contract Act

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

Mohsin Lal Chaudhary VS Shoukat Ali Ss. 8, 39, 42, 54 & 55---Contract Act (IX of 1872), S. 215---Transfer of Property Act (IV of 1882), S. 54---Suit for possession through partition, declaration, cancellation of mutation and permanent and mandatory injunction---General power of attorney (GPA)---Transfer of property by the attorney/brother of petitioner---Plea of misuse of authority and deceitful transfer of property by the attorney in his own favour and his mother without permission of principal---Cancellation of GPA after the transfer of property---Obligations of attorney---Principal's consent---Scope---Suit and appeal instituted/preferred by the petitioner were dismissed by the trial and appellate courts concurrently---Validity---It was nowhere ordained in S. 215 of Contract Act, 1872, that consent of the principal shall be in writing, thus, it may be oral as well---There was sufficient material to indicate that before entering into the sale transaction, attorney of the petitioner apprised him about the transaction and after obtaining his consent, executed the mutations, thus, petitioner was precluded to exercise his right of repudiation as it is was more available to him in the circumstances---Petitioner despite having knowledge of all the transactions, in the first instance, instituted a suit for separate possession through partition wherein he neither called in question mutations nor asserted that attorney misused his authority, being attorney, which spoke about the conduct of the petitioner---Civil revision was dismissed, in circumstances.

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