1666/2012 Suit HUMMA EJAZ (Plaintiff) V/S MS. FOZIA JABEEN (Defendant)

1666/2012 Suit HUMMA EJAZ (Plaintiff) V/S MS. FOZIA JABEEN (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 16-DEC-14

Civil Procedure Code (V of 1908)--- ----O. V, R.15---Registration Act (XVI of 1908), S.17--- Specific Relief Act (I of 1877), S.12---Suit for specific performance of contract---Owner of property an illiterate lady---Agreement to sell through attorney---Power of attorney, non-registration of---Effect---Summons, service of---Scope---Service of summons on maid of defendant in a suit was not proper service---Plaintiff had failed to place on record any registered power of attorney---Seller's (owners) title document should be registered for the purpose of alienation of immovable property---If immovable property was sold through power of attorney then same should have been registered and without the same attorney could not be deemed to have been duly authorized to sell the property---General power of attorney, in the present case, was not a registered document, therefore, agreement of sale through attorney (of actual owner) on the basis of said power of attorney was not enforceable in law---Court had to be even more careful in a case of an immovable property of an illiterate woman---Suit was dismissed in circumstances.