In Brief
The petitioner challenged a property sale deed claiming a pre-emption agreement executed by a power of attorney holder (the first defendant's son). The High Court rejected the suit, holding the power of attorney was limited to court proceedings only and did not authorize entry into sale or pre-emption agreements. The Supreme Court upheld this decision. A meaningful reading of the plaint showed the entire claim rested on an unauthorized power of attorney. The Court held that where a suit is based on an agreement by a power of attorney holder, the scope of the power of attorney may be examined. Since the power of attorney lacked authority to bind the owner to such agreements, the plaintiff had no cause of action and the suit was not maintainable. The petition was dismissed."
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