Law: Constitution of Pakistan, 1973

Section: 185(2)(d)

Law: Contract Act (IX of 1872)

Section: 2(g),13,14

Law: Pakistan Penal Code, 1860

Section: 406, 417, 419, 420, 424, 109, 465, 468, 471, 34, 504, 506

Summary:

This appeal challenges a High Court judgment that reversed the lower courts' findings regarding a disputed immovable property and an agreement allegedly coerced during police custody. The court upheld the High Court's decision declaring the agreement signed while the predecessor of respondents was in custody as void due to duress, coercion, and lack of free consent. Consequently, the mutation registered per that agreement was canceled and the original inheritance mutation was restored.

Core Points:

• The dispute revolves around immovable property inherited by respondents from Khizar Hussain.
• An agreement related to the property was executed on 04.12.2015, during the predecessor of respondents' police custody.
• The agreement was allegedly signed under coercion, duress, and undue influence during custody.
• Coercion and duress invalidate free consent under the Contract Act, 1872.
• The law requires free consent for a valid contract; contracts executed under coercion are voidable.
• The High Court held the transaction void, canceled the mutation based on it, and restored the original inheritance mutation.
• The appeal court found no reason to overturn the High Court’s judgment.
• The suit was filed within time, and burden of proof of no coercion lay on the petitioner but was not discharged.

Law and Section Table:

JUDGMENT