Misuse of Power of Attorney: Supreme Court Protects Women's Property Rights.
پاور آف اٹارنی کا غلط استعمال: سپریم کورٹ کا خواتین کی جائیداد کے تحفظ پر تاریخی فیصلہ
مقدمے کا پس منظر
سپریم کورٹ کا فیصلہ
فیصلے کی اہمیت
نتیجہ
Must read judgement
******** Citation Name : 2024 SCMR 978 SUPREME-COURT
****** Side Appellant :** MUHAMMAD MUMTAZ KHAN
****** Side Opponent :** Mst. SIRAJ BIBI
S. 215---Specific Relief Act (I of 1877), Ss. 39 & 42---Land Revenue Act (XVII of 1967), S. 42---Constitution of Pakistan, Arts. 24(1) & 188---Review petition---Suit for declaration and cancellation of sale mutations---Attorney misusing the power-of-attorney to sell land---Depriving a female/woman of her immoveable property---Extra care to be exercised by Courts---Power-of-attorney was executed in favour of "F" (attorney) by his sister (predecessor of the respondents) which was used by "F" to purportedly sell 109 kanals of land to his four sons---Power-of-attorney did not specifically authorize the sale of the land in favour of the attorney or his sons, and "F" had misused it---Sister repudiated the sale transactions and filed a suit for declaration and cancellation---Suit was decreed and the decision of the Trial Court was upheld throughout---Validity---Conduct of the attorney, "F", and his four sons, the purported buyers, was deplorable and reprehensible as a sister and aunt was illegally deprived of her land---Often vulnerable members of society are exploited and deprived of their properties by such dubious methods, and then they spend a lifetime to regain what is rightfully theirs---Sister was entangled in a web of perpetual litigation, and, even though all the decisions were in her favour, she remained deprived of the land and its produce throughout her lifetime---"F" and his sons violated Article 24(1) of the Constitution, which guarantees that no person shall be deprived of his property save in accordance with law---Purported sale/Transfer of the subject land was effected in derogation of section 42 of the Land Revenue Act, 1967, and of the judgments of the Supreme Court which stipulate that extra care must be exercised with regard to the property of women---Revenue officers/officials were either complicit in recording the illegal mutations or were incompetent---Review petition was dismissed with the directions that the petitioners shall immediately hand over the possession of the subject land to the respondents (legal heirs of the sister), and if they do not do so the concerned revenue authorities should immediately dispossess the petitioners therefrom, and that on account of the petitioners' most unreasonable conduct they shall pay to the respondents one million rupees as costs, and till payment is made such amount shall constitute a charge on the landholding of the petitioners