Law: Pakistan Penal Code, 1860

Section: 366,368,376

Custom-Alienation-Legal necessity-Sale by widow of property for defending her honour-Not justified by law. The amount really spent by Mst. Sajada Begum on litigation with Muhammad Bakhsh did not in any way concern the estate of the widow. It related to the defence of her own honour and to the refutation of the assertion by Muhammad Bakhsh that she had eloped with him or married of her own free will. The reversioners could not be blamed for what happened. In the case of a female, the property, to which she has succeeded as such, could not be alienated at her mere sweet will or pleasure and it did not make any difference whether it was or was not ancestral. These decided cases demand extra caution and circumspection in dealings with females and the mere representation of a so-called "neces­sary purpose" would not afford protection to the extent to which it would be available in the transfer by a male. If the debt was entered into for a purpose not recognized by Custo­mary Law, its discharge shall not be made by the alienation of the estate or part thereof. Time alone could not place it on a higher footing and what could not be done at the time the debt was raised, should not be allowed to be done at a later stage. 44 P R 1890, 128 P W R 1911 and A I R 1930 Lah. 302 ref. to. ORDER Muhammad Sharif, J.-This second appeal has arisen under the following circumstances. On 2nd January, 1945 Mst. Sajada Begum sold 11 kanals 3 marlas of land in favour of her real brother for Rs. 2,000. The purpose stated for the alienation was that she had to discharge debts incurred in the course of the litigation arising out of her abduction. The entire money was paid before the Sub-Registrar. The suit out of which this appeal has arisen was instituted by the reversioners of her husband on the ground that she having remarried could no longer remain in" possession of her widow's estate and in the. alternative for a declaration that on her death the alienation shall not affect their reversionary rights. The first Court held that no remarriage was proved and the declaration was granted. On appeal to the learned District Judge this judgment was affirmed. The alienee has now come up in…

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