Law: Specific Relief Act, 1877

Section: 12

Specific Relief Act (I of 1877)--- ----S.12---Suit for specific performance of agreement to sell---Transaction with illiterate lady---Requirements---Alleged sale agreement had been executed with an illiterate lady with fragile physical condition having no independent advice by any of her male relatives---Protection which was extended to Pardanasheen lady was given to persons who was weak, ignorant, infirm or unable to look after herself/himself---Person in disadvantaged condition must have independent advice to understand the terms to which he/she was binding himself/herself---Court had to be very careful in recording findings as to execution of agreement by such lady and it would not be sufficient to show that the document was read over to the lady but it must also be proved that she understood its nature and effects---Where evidence had not established that the document was executed by the lady voluntarily out of her free will and consent and she had an independent advice of a close relative and contents of said document were read over to her and the nature of transaction was explained then onus to prove the document by beneficiary would not stand discharged---Nothing was on record that earnest money had been paid to the executant of sale agreement---Evidence and pleadings of plaintiff were contradictory---None of the witnesses was related to the lady---Transaction in question had not been proved through independent evidence as plaintiff's witnesses had admitted that terms of the said transaction were not settled in their presence---No receipt of any payment had been produced---Even alleged agreement was prepared on a plain paper---Plaintiff had failed to prove the existence of transaction or execution of alleged sale agreement and any payment---Revenue record did not have any entry of alleged transaction---Suit had been filed after the period of five years---No mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. Jannat Bibi v. Sikandar Ali PLD 1990 SC 642; Mian Allah Ditta through L.Rs. v. Mst. Sakina Bibi and others 2013 SCMR 868; Ghulam Farid and…

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