Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79---Constitution of Pakistan, Art. 185(3)---Suit for declaration by an illiterate Pardanashin lady/village woman to the effect that sale-deed alleged to have been executed by her was liable to be cancelled being the result of fraud and misrepresentation---Sale-deed, in question was attested by two witnesses and the only other marginal witness was not produced; even stamp vendor and scribe had not been produced; executant lady was not related either to the defendants or the marginal witness; she was not in possession of any independent advice and that no person of her confidence was associated with the alleged transaction---Validity---Under Arts. 17 & 79, Qanun-e-Shahadat, 1984, at least two witnesses were required to prove a transaction---Only one marginal witness had been produced, who too, was not aware of the details of the transaction and had conceded that the lady was not accompanied by any person at the time when document in question was being authored by the petition-writer---Lady was an illiterate Pardanashin village woman, no person of her confidence accompanied her, heavy onus, in circumstances, lay on defendants to prove the transaction which they failed to discharge---Judgment of the High Court was well-reasoned; no misreading or non-reading of evidence had been pointed out therein; even otherwise no illegality or infirmity was found in the impugned so as to warrant interference by Supreme Court---High Court having rightly accepted the revision of the lady, petition for leave to appeal against the of the High Court was dismissed. Hassan Ahmad Khan Kanwar, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 22nd July, 2009. JUDGMENT SYED SAKHI HUSSAIN BUKHARI, J.---Sultan Ahmad has filed this petition for leave to appeal against the judgment dated 3-12-2004 passed by learned Lahore High Court, Lahore whereby C.R. No.918 of 2002 brought by Muhammad Yousaf respondent was accepted. 2. The brief facts of the case have been given in Para No. 1 of the impugned judgment which reads as order:-- "The…

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