Law: Specific Relief Act, 1877

Section: 42

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

Section: 79

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for declaration---Pardanasheen lady---Document, proof of---Scope---Contention of plaintiff, a Pardanashin illiterate lady, was that she was owner of suit property and transfer deed in favour of defendant was bogus, fictitious and same was based on fraud---Defendant contended that he was a bona fide purchaser of suit land---Suit was dismissed by the Trial Court but same was decreed by the Appellate Court---Validity---Attesting witnesses of transfer deed who were alive were not produced in the witness box and no reason was shown to withhold such evidence---Plaintiff was illiterate and 'Pardanasheen' lady and burden to prove document executed by said lady affecting her right or interest in immovable property was on the beneficiary of the document---Defendant was bound to establish that document was substantially understood by the lady and same was result of her free and intelligent act---Document should have been read over to the lady who was illiterate, in her native language so that she must be able to understand what had been mentioned in the said document---Defendant had failed to prove his case and he was not in a better position to further transfer the suit land---Defendant had also failed to prove the consideration received by the plaintiff---Defendant was bound to produce marginal witnesses of transfer deed as well as in whose presence consideration was paid to the plaintiff---Impugned passed by the Appellate Court was well reasoned---No legal or factual infirmity had been pointed out in the impugned ---Revision was dismissed in circumstances. 2009 SCMR 623; PLD 1996 SC 256; Marina Virana's case AIR 1931 Privy Council(sic); Mukhtar Ahmad's case 1925 PC 204; Khawas Khan's case 2004 SCMR 1259; Abdul Hameed's case 2008 SCMR 140 and Jannat Bibi's case PLD 1990 SC 642 rel. THIS JUDGMENT DELIVERED BY: MALIK MANZOOR HUSSAIN, J.--- Through this single judgment, this court intends to dispose of titled revision petition as well as connected Civil Revision No.1654 of 2010 arising of single judgment dated 19-7-2010 as common questions of law are involved in both the petitions.…

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