Law: Specific Relief Act, 1877

Section: 42

Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,79

(a) Specific Relief Act (I of 1877)--- ----S. 42---Contract Act (IX of 1872), S.16---Suit for declaration on the ground that plaintiffs being legal heirs of their real cousin (lady) were co-owners in possession of the disputed property which had been transferred to defendants illegally---Defendants contested the suit on the ground that disputed property was transferred to then by virtue of sale transaction---Trial Court dismissed suit of the plaintiffs---Appellate Court, on appeal, allowed the same and reversed findings of the Trial Court---Plaintiffs asserted that no sale was conducted between the parties and all the transactions were based on fraud and forgery---Plaintiffs further contended that since their real cousin was a Pardanasheen lady, the mutation sanctioned by the revenue officer was not a title document and did not confer any right to the defendants unless and until they so proved the same---Validity---Neither the attesting officer nor Pattidar appeared before the court to testify the sale which factor was sufficient to hold that mutation was not proper---Defendants had failed to prove the consideration paid to the Pardanasheen lady, they also failed to prove that at the time of sanction of mutation she was accompanied with the advice of her near and close ones who could fully explain to her the result of what she was doing---Beneficiary was bound 'to prove that the property sold through mutation was with consideration which defendants had failed to prove---Petition was dismissed by High Court. Allah Bakhsh and another v. Ghulam Jannat and 6 others PLD 1993 Lah. 254; 1993 CLC 1327; 1995 SCMR 971; 1990 MLD 89; 2001 SCMR 1591 and 1994 SCMR 1194 ref. Allah Bakhsh and another v. Ghulam Jannat and 6 others PLD 1993 Lah. 254; Mirsab Khan and another y. Parizad Khan and another PLD 1994 Pesh. 148 and Mst. Raj Bibi and another v. Province of Punjab through District Collector, Okara and 5 others 2001 SCMR 1591 rel. (b) Contract Act (IX of 1872)--- ----S. 16---Transfer of property---Undue influence---When a Pardanasheen or illiterate woman was made to transfer a property then it was very necessary and important that at the time of transfer of said property…

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