Law:

Section:

(a) Pardanashin lady ------- Constitution of Pakistan (19t), Art. 185(3) --- Leave to appeal was granted to plaintiff to examine whether she being illiterate. Pardanashin lady, transaction in question, was a mortgage or sale. (b) Transfer of Property Act (IV of 1882)- ---- Ss.54 & 58 --- Constitution of Pakistan (1973), Art. 185 --- Concurrent finding of fact --- Interference --- Plaintiff's case was that she intended to mortgage property in question, but same was shown as sold vide registered deed--­ Record showed that document in question, was executed at plaintiff's house, it was thumb-marked by her and witnessed by her son---Plaintiff at the time of registration had appeared and accepted earlier receipt of specified amount and balance amount was paid before Registrar --- Vendee did not stand in any fiduciary relationship with plaintiff and she had executed sale deed in her house in presence of her son---No justification to interfere in the concurrent finding of fact recorded by three Courts below --- Plaintiff's appeal was dismissed by Supreme Court in circumstances. JUDGMENT ABDULSHAKURUL I LAM, J.---This appeal by leave arises in the following circumstances. 1. Relevant facts are that the appellant filed a suit for a declaration on 14-4-1983 that a portion of the house No.S.XLVI-6-S-2/A(39)/40) situate at Gopal Nagar, Gulberg Scheme No.3, Lahore was intended to be mortgaged by her in favour of the respondent No.1 which was shown as sold vide registered deed dated 9-11-1968 fraudulently. After recording of the evidence and hearing the parties, the learned trial Court/Civil Judge, Lahore dismissed the suit vide judgment and decree dated 16-10-1985. The appellant's first appeal was dismissed by the learned Additional District Judge, Lahore…

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