| Citation(s) |
|---|
| 1997 SLG 843 1997 SLD 843 1997 SCMR 1456 |
Supreme Court of Pakistan
Civil Petition No. 1262-L of 1996, decision dated: 19-06-1996
SAAD SAOOD, JAN, MUHAMMAD ILYAS AND IRSHAD HASAN KHAN, JJ
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Civil Petition No. 1262-L of 1996, decision dated: 19-06-1996
SAAD SAOOD, JAN, MUHAMMAD ILYAS AND IRSHAD HASAN KHAN, JJ
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Mst. ALLAH JOWAI
VS
WALI DAD and others
Law:
Section:
Contract Act (IX of 1872)--Ss. 17 & 18---Constitution of Pakistan (1973), Art. 185(3)---Transaction of sale by plaintiff (lady)---Plaintiff challenged sale on ground of fraud and misrepresentation---Trial Court found that plaintiff was assisted by her son at registration of sale-deed, therefore, independent advice was available to her--Judgment and decree of Trial Court dismissing plaintiff's suit was maintained up to High Court---Validity---Plaintiff's contention was that independent advice was not available to her at the time of registration of sale-deed for her son was son-in-law of defendant---Such aspect of matter was not considered by High Court---Leave to appeal was, thus, granted to examine, whether in circumstances of case, independent advice was not available to plaintiff at registration of sale-deed in question. Saeed ur Rehman Farrukh, Advocate Supreme Court instructed by Sh. Salah ud Din, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 19th June, 1996. ORDER MUHAMMAD ILYAS, J.---Dispute involved in the suit giving rise to this petition relating to the sale of certain land alleged to have been made by the petitioner, Mst. Allah Jowai by means of a sale-deed. In the suit, it was alleged by her that the respondents, Wali Dad and another had manipulated the sale-deed by fraud and misrepresentation. Thus, a question arose before the Civil Judge, who heard the suit, as to whether she had the benefit of…
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