JAVED IQBAL vs Mst — 2026 SCMR 1119 SUPREME-COURT

Case information

Citation: 2026 SCMR 1119 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: JAVED IQBAL vs Mst
Subject matter: Civil
Provisions referred to: S. 39---C; Contract Act (IX of 1872)

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

JAVED IQBAL VS Mst. FARHAT IQBAL (deceased). S.39---Contract Act (IX of 1872), Ss. 211, 214 & 215---General power of attorney---Transfer of principal's property by attorney in favour of his own sons---Abuse of fiduciary authority, fraud and absence of consent, allegation of---Pivotal issue for determination was whether, in the absence of clear express authority and proven informed consent of the principal, the attorney could validly transfer the principal's property in favour of his own close relatives?---Held: No cogent or reliable evidence had been produced to establish that the respondent/principal had granted express consent, much less prior approval, for the transfer of the suit property in favour of the sons of the attorney---The alleged payment through cheque, made by the appellant/brother in favour of the respondent/sister, was not conclusive proof of a valid sale transaction, particularly in the absence of any agreement to sell or other independent corroborative evidence reflecting a lawful bargain---Mere production of such payment, without establishing the underlying transaction, does not satisfy the legal standard required to validate an alienation of immovable property---The impugned transaction was clearly hit by the settled principles governing the fiduciary obligations of an attorney and could not be sustained---Present appeal was dismissed, in circumstances.

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