' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the legal representatives of a plaintiff, in a suit for declaration and the annulment of a sale purported to have been made by the plaintiff-vendor's attorney--his own son, against the dismissal by the High Court of petitioner's second appeal.
2. The case of the petitioner's side was that although the attorney had authority to alienate the suit land which is stated to be more than 1000 kanals, but before the alienation the power of attorney in favour of the agent was cancelled. As stated by the learned counsel, the cancellation of the power of attorney is dated 16-11-1970. Notice of this cancellation was given to the attorney on 21-11-1970.
Notwithstanding this cancellation the attorney gave consent to a decree for specific performance being passed in favour of the alienee on 12-3-1971. Accordingly the mutation was also subsequently sanctioned on 16-6-1973 on the basis of the said decree. The respondent's case was that a short time prior to the cancellation of power of attorney, the alienation had been agreed upon and a receipt was also executed in that behalf prior to the said cancellation. Therefore, the cancellation could not affect the alienation. The question of limitation vis-a-vis the filing of the suit was also raised.
3. After hearing the learned counsel, we consider it a fit case to examine whether the transaction of sale was complete before the cancellation of power of attorney and whether the suit was time- barred. Leave to appeal accordingly is granted.
' Security Rs, 5,000.
' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.