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Qanun-e-Shahadat Order, 1984 (10 of 1984) -- ----Art. 199--Scope--Transfer deed--Proof of--Attesting witnesses were alive and no reason was shown, to withhold important witnesses--Illiterate and parda nasheen lady--Plea of bona fide purchaser--Validity--It is well settled that burden of proof, in respect of document purportedly to have executed by an illiterate 'parda nasheen' woman affecting her right or interest in immoveable property, is on beneficiary of document--It is also well settled that if lady is illiterate, it must have been read over to her in her native language so that she must be able to understand what has been mentioned in document--He was bound to produce marginal witnesses of transfer deed as well as in whose presence allegedly consideration was paid to petitioner--Most important witnesses of deed of transfer were withheld for no reason or explanation which by itself is sufficient to disbelieve claim of petitioner. Judgment Through this single judgment, this Court intends to dispose of titled revision petition as well as connected C.R.No. 1654 of 2010 arising of single judgment dated 19.7.2010 as common questions of law are involved in both the petitions. 2. Brief facts of the case are that Respondent No. 1 Mst. Hussan Baha filed a suit seeking declaration and possession of Plot No. 229 measuring 5 marlas situated in Sector L-I, Phase-III, Hayat Abad, Peshawar and also challenged the transfer deed Bearing No. 25592 dated 12.6.1999 in favour of present petitioner as bogus, fictitious and based on fraud and similarly, the further transfer executed by the present petitioner in favour of Mst.Sabeeha, Respondent No. 2 is of no consequence. Present petitioner and Respondent No. 2 contested the suit on the plea of bona fide purchasers and after the conclusion of the trial, vide judgment and decree dated 26.2.2010, the learned trial Court dismissed the suit. Feeling aggrieved, Mst.Hussan Baha Respondent No. 3 filed appeal, which was allowed vide impugned judgment and decree dated 19.7.2010. The petitioner filed the present C.R.No. 1571/2010 while Respondent No. 2 filed connected C.R.No. 1654/2010 against the judgment and decree passed by the…

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