specific performance on un-registered power of attorney sale agreement

Order V rule 15 CPC 1908, Registration Act 1908, Section 17 of Specific Relief Act 1877, Section 12 Suit for specific Performance of contract… Owner of Property an illiterate lady.. Agreement to sell through attorney.. Power of attorney, nonregistration of … effect… summons of services of … Scope. Service of summons on maid of defendant in a suit was not a proper service.. Plaintiff had failed to place on record any registered power of attorney.. Seller (owner) title document should be registered for the purpose of alienation of immoveable property… if immoveable property was sold though 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 register documents therefore agreement of sale through attorney of actual owner on the basis of said power of attorney was no enforceable in law… court had to be even more careful in a case of an immoveable property of an illiterate woman.. Suit was dismissed in circumstances.

2015 CLC 1071 Sindh