Law: Specific Relief Act (I of 1877)

Section: 8, 42, 54

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

Section: 117, 120

Specific Relief Act (I of 1877) Ss. 8, 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---Suit for possession, declaration and Parda-nashin and injunction---illiterate woman---Transfer, proof of---Burden on beneficiary of transaction---Applicant/defendant claimed title over the suit land on the basis of a registered sale deed---Suit filed by respondent/plaintiff was concurrently decreed in his favour and the judgment was maintained by the Lower Appellate Court---Validity---Beneficiary of any transaction involving a parda-nashin and illiterate woman must demonstrate that the transaction was carried out with the free consent and will of the woman---Beneficiary must prove that the woman was aware of the meaning, scope and implications of the document she was executing---It must be shown that the lady was made to comprehend the impact and consequences of the transaction and that she had access to independent and objective advice, either from a lawyer or a male member of her immediate family---Such legal principle protects the rights and interests of parda-nashin and illiterate women, ensuring that they are not exploited or taken advantage of in property transactions---It places a significant responsibility on the beneficiary of the transaction to demonstrate that all due care was taken to ensure the woman's understanding and consent---Both the Courts had correctly appreciated the evidence and law applicable to the case---High Court, in exercise of revisional jurisdiction, declined to interfere in the judgments and decrees passed by the two Courts below as neither was there any misinterpretation or neglect of evidence nor any significant irregularity or jurisdictional defect---Revision was dismissed, in circumstances.        PLD 2018 SC 698; 2021 SCMR 19; 2016 SCMR 1225; 2011 SCMR 621; 2004 SCMR 1259; 1998 SCMR 1354; 1994 SCMR 1194; 2006 YLR 759; 2006 MLD 796; Pervaiz Akhtar v. Mst. Farida Bibi and others PLD 2023 SC 628; Wali Muhammad Khan and another v. Mst. Amina and others 2018 SCMR 2080 and Haji Wajdad v. Provincial Government through Secretary Board of Revenue Government of Balochistan, Quetta and others 2020…