Law:

Section:

(a) Remedy--- ----Availing two or more remedies simultaneously---Permissibility---No legal bar existed for a party to avail two or more available remedies under the law simultaneously and a decision in any one of such remedies availed would render the others as infructuous. (b) Illiterate lady--- ----Property transaction---Burden of proof on benefactor of such transaction---Where a transaction is shown to be with an elderly, illiterate lady, the beneficiary of such transaction is legally bound to prove the genuineness of the alleged transaction in his favour---Law places a heavy burden on the person who is ultimately on the receiving end in such like transactions. (c) Administration of justice--- ----Decree based on compromise or conceding statement---Court while deciding a matter, even on compromise or on a conceding statement, has to see the legality and genuineness of the issue brought before it---Acting in a mechanical manner without application of judicial mind is not expected from a Judicial Officer. Date of hearing: 26th October, 2021. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---The Respondent No.1 filed a suit against the present Petitioner for specific performance of an agreement to sell dated 27th September, 2012 regarding a residential house built upon Plot No.143/B situated in Nazimabad, Faisalabad, owned and possessed by present Petitioner i.e. Mst. Misbah Khanum (Misbah Aziz). The Respondent No.2 (the real son of the Petitioner) appearing as a special attorney in the said case, recorded a conceding statement before the Trial Court and on the basis of that statement, the Court passed a Decree in favour of Respondent No.1 vide its Judgment dated 9th October, 2013 (the Decree laterly drawn on 14th March, 2014 and such delay per se will have no adverse effect on the matter before us) subject to payment of balance sale amount of Rs.6,00,000/- (Six Lac) within a month. The Respondent No.1, despite decretal of his suit, filed an Appeal by alleging that his payments made earlier, amounting to Rs.36,00,000/- (Thirty-Six Lac) have not been referred to in the Judgment. The Appellate Court allowed the Appeal of the Respondent No.1 vide its Judgment dated 23rd…

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