Law: Specific Relief Act, 1877

Section: 12,22

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

Section: 79

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for specific performance of sale agreement---Execution of agreement denied by defendant, an old lady of 66/67 years---Proof---Stamp-vendor in his deposition did not state as to who had purchased stamp paper of agreement from him---Scribe of agreement in his deposition stated that he wrote agreement at direction of defendant without knowing her as she was clad in "Burqa"---Marginal witnesses had stated that defendant was an old lady of 66/67 years; that she was wearing "Burqa" and they were not known to her and that her son accompanied her at the time of such transaction---Validity---Testimonies of such witnesses did not inspire confidence as defendant was not known to any of them before such transaction---Plaintiff had not proved presence of defendant's son at time of transaction either by getting his signatures on any document or producing any cogent evidence---Court could refuse to decree such suit even if agreement had been proved as its specific performance was a discretionary relief---Plaintiff had failed to prove that defendant was not a pardah-observing lady and with her free consent and independent of her relatives had transferred land through agreement---Suit was dis-missed in circumstances. Ali Muhammad v. Muhammad Hayat and others 1982 SCMR 816; Abdul Mannan and others v. Sikandar Khan and others 1992 CLC 505; Qamar-ud-Din and others v. Province of Sindh 2002 CLC 825; 1992 MLD 1758 and Province of Punjab v. Ch. Mehraj Din & Co. and others 2003 CLC 504 ref. Abdul Aziz and others v. Abdul Rehman and others 1994 SCMR 111 rel. (b) Pardahnashin lady--- ----Illiterate and old pardahnashin lady---Execution of document by such lady, proof of---Standards stated. The parameters in transaction, where the executant of transaction happens to be a lady specifically illiterate, old and pardah observing one, entail specific standards of substantiation. Not only the deed has to be read over to her, but it must be proved that it was substantially understood by the lady and it would be subject to her free will and intelligent act. Mere assertion that it was…

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