Law: Specific Relief Act (I of 1877)

Section: 12

(a) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement to sell---Transactions relating to old , illiterate, pardanasheen (parda observing ) ladies ---Conditions and parameters , non-observance of---It was claim of the appellants/defendants that they were illiterate, rustic and village household ladies--- In respect of a transaction germane to property with a pardanasheen, village household and rustic ladies, certain parameters and conditions like such ladies be cognizant/aware of the transaction, independent advice, witnesses being their close relatives, receiving of consideration etc. are to be fulfilled in a transparent manner; and old and illiterate ladies are entitled to the same protection which is available to the Parda observing ladies under the law---However, in the present case, none of the said parameters had been met with and no such evidence, showing that the appellants (defendants /ladies) had an independent advice and were fully aware and cognizant of the nature of the transaction, was brought on record by the respondent/plaintiff ---Impugned judgments and decrees, passed by both the Courts below, being result of misreading and non-reading of evidence on record were set-aside and, in consequent thereof the suit instituted by the respondent stood dismissed---Appeal was allowed accordingly .Phul Peer Shah v. Hafeez Fatima 2016 SCMR 1225; Muhammad Afzal v. Muhammad Zaman PLD 2012 Lahore 125; Ghulam Muhammad v. Zahoran Bibi and others 2021 SCMR 19 and Muhammad Naeem Khan and another v. Muqadas Khan (decd) through L.Rs. and another PLD 2022 SC 99 ref.(b) Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance---Agreement to sell, denial of---Old, illiterate and pardanasheen (Parda observing ) lady , matter of---Evidence as a whole has to be read and considered---One of the appellants (defendants/ladies) while appearing in the witness box consistently denied the alleged fact of entering into purported agreement to sell by them (appellants) with the respondent /plaintiff as well as execution of (exhibited) receipt after receiving of earnest money and in a categorical manner stated that the…