Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Specific Relief Act, 1877

Section: 42

Summary

The Supreme Court of Pakistan dismissed a civil petition for leave to appeal against a Lahore High Court (Bahawalpur Bench) judgment dated 11.09.2025, which allowed a civil revision and set aside lower courts' dismissals of a suit challenging a fraudulent sale mutation (No. 4763 dated 17.08.2015). The respondent, a pardanashin illiterate woman, alleged petitioners tricked her into providing thumb impressions under the guise of a rent agreement after her husband's death. The Court upheld the High Court's findings, noting petitioners' failure to prove the transaction's validity amid suspicious witness ties and lack of pleaded oral sale details.

Core Points

• Respondent filed suit claiming fraudulent sale mutation obtained via thumb impressions disguised as rent deed, exploiting her as a simple, illiterate pardanashin woman.
• Trial and appellate courts dismissed suit and appeal, but High Court allowed revision, setting aside concurrent findings due to petitioners' evidentiary failures.
• Respondent's cross-examination highlighted her vulnerability; her adult sons were present, but identification by biased witness (petitioners' relative) raised suspicions.
• Petitioners did not prove free consent, understanding of transaction, independent advice, trustworthy witnesses, or payment of consideration, violating safeguards for pardanashin women.
• Mutation based on unpleaded oral sale; party relying on mutation must independently prove underlying transaction, as mutation is not title document.
• Supreme Court found no illegality in High Court's revisional interference and dismissed petition.

Laws and Sections

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