Law: Specific Relief Act, 1877

Section: 12,27

(a) Pardanashin lady--- ----Execution of document by pardanashin or old or illiterate lady---Burden of proof---Scope stated. Every illiterate woman, whether she is parda-observing or not, is protected unless circumstances suggest that she was of an exceptional character and able to manage her affairs independently. The protection has been extended on the consideration that parda-observing, old and illiterate women can easily swallow the bait and cautious approach is required when the parties happen to be close relatives. Old and illiterate ladies would be entitled to the same protection, which is available to the parda-observing ladies. Burden of proof lies heavily on person relying upon a document to prove that the executant of her own free will, full understanding of the implications entered into the transaction in his favour especially when such person being close relative of the lady was in a position to attain her confidence. 1981 CLC 1055; PLD 1959 Lah. 932; 1984 CLC 2826; PLD 1969 Kar. 324 and 1989 CLC 1584 rel. (b) Specific Relief Act (I of 1877)--- ----S. 12---Suit for specific performance of sale agreement---Execution of agreement denied by defendant (an old and illiterate lady)---Proof---Evidence on record showed that defendant was a simpleton (seedi saadhi) and Pendoo Aurat of 60/65 years of age at the relevant time; and that she was having healthy husband and grown up male children, but none was present at the time of execution of agreement---Validity---Plaintiff was duty bound to associate sons and husband of defendant before entering into agreement with her---Suit transaction might have been ostensibly made by defendant, but possibility of influence exercised by plaintiff (being her close relative) could not ruled out as the moment she was relieved of plaintiff's influence, she refused to honour same---Mere reading over agreement to defendant by scribe after being written would not fulfil requirement of law in absence of proof to the effect that same was substantially understood by her and subject to her free and intelligent act ---Plaintiff being beneficiary of such agreement must have to prove that defendant had an independent…

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