Appointment of General Power of Attorney--- Said Attorney entered into agreement to sell with his own real brother qua land of the principal--- Thereafter both brothers entered into an ..............

 Appointment of General Power of Attorney--- Said Attorney entered into agreement to sell with his own real brother qua land of the principal--- Thereafter both brothers entered into an arbitration agreement--- Appointed Arbitrator who renders the award--- principal/ executant of the general power of attorney died. Application under Section 14 & 17 of the Arbitration Act for making award as rule of the court was filed --- Attorney made conceding statement and award made rule of the court--- Application under Section 12(2) CPC for setting aside the judgment and decree filed and same was contested, issues were framed and both parties lead evidence. Held that after the death of the principals, the general power of attorney by operation of law became redundant and thereafter any transaction made by the said attorney on the basis of said defunct instrument (General Power of Attorney) that would be considered as void, illegal and fraudulent in nature. Consequently all the proceedings including the arbitration agreement and arbitration, award and making award as rule of the court were initiated against the dead persons, which are declared as nullity in the eyes of law.

Petition dismissed with heavy cost.
Civil Revision.525-13
MUSHTAQ AHMAD ETC VS ALLAH DITTA ETC
Mr. Justice Ch. Muhammad Iqbal
19-11-2024
2024 LHC 5612