Sitting Panel: Saiduzzaman Siddiqui, C.J., Munawar Ahmed Mirza, and Sh. Riaz Ahmed, JJ

Summary:
In this case, the petitioner Muhammad Yaqoob challenged the judgment of the Balochistan High Court, which had upheld a decree passed by the Majlis-i-Shoora granting possession through pre-emption to Khair Muhammad. The core dispute centered on whether a compromise deed executed by an attorney could be valid when the principal (petitioner) had already initiated steps to revoke the power of attorney. Yaqoob argued that his attorney had defrauded him by entering into a compromise with the vendee, and that before the compromise was accepted by the Majlis-i-Shoora, he had moved an application to cancel the power of attorney, which was never decided.

The Supreme Court granted leave to appeal, considering it necessary to examine whether the compromise deed could have been acted upon when the principal had formally sought cancellation of the attorney’s authority and notified the Majlis-i-Shoora. The Court noted that the question involved significant legal implications regarding the sanctity of powers of attorney and the rights of principals when alleging fraud or revocation before a compromise is formally accepted by a judicial forum.