Revocation of attorney

2016 YLRN 175 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 201Transfer of Property Act (IV of 1882), S.41Qanun-e-Shahadat (10 of 1984), Art.133Contract Act (IX of 1872), S. 201Revocation of attorneyPlea of bona fide purchaserFailure to cross-examineEffect

Plaintiff claimed to be bona fide owner on the basis of registered sale deed executed by cooperative society in whose favour attorney of defendant had earlier executed registered sale deed

Defendant asserted that sale deed in favour of cooperative society was executed by attorney after his power had been revoked

Both the Courts below concurrently dismissed suit and appeal filed by plaintiff

Plea raised by plaintiff was that he was bona fide purchaser for value of suit land

Validity

Plaintiff was present along with attorney of defendant at the time of registration of sale deed in favour of cooperative society, which fact was not controverted or challenged through cross examination

Failure to cross examine a fact mentioned in statement of witnesses amounted to admission of that fact

Transaction in favour of cooperative society was a sham transaction and when cooperative society did not have right, title or interest in suit land, plaintiff could not claim protection of S. 41 of Transfer of Property Act, 1882

High Court declined to interfere in concurrent judgments and decrees passed by two Courts below

Second appeal was dismissed in circumstances.