Law:

Section:

Pardanashin lady--Constitution of Pakistan (1973), Art.185(3)---Allegations of fraud and collusion---Petitioner lady had sought declaration to the effect that she continued to be the owner in possession of land in question, notwithstanding attestation of mutations of alienation from her side in favour of respondent as the same were based on fraud and collusion and thus were ineffective---Petitioner's such suit was dismissed by trial Court; decreed by Appellate Court but appellate was reversed by High Court in its revisional jurisdiction---Circumstances which had gone against petitioner's plea of fraud on the plea regarding protection to a pardanashin lady were; that she had actively participated in the transaction; had not suffered any handicap and had also thumb-marked certain entries there being no explanation for the same---Apart from such factual aspect, husband of petitioner had appeared with her during mutation proceedings and she appeared several times and her interests were then fully protected even if questions relating to her being a Pardanashin lady were brought under scrutiny---One of the transactions being an exchange, petitioner while alleging fraud regarding the entire exchange, had accepted the property received in exchange and was not willing to give it away, thus wanting to avoid that part of exchange transaction in which she had to part with her property given in exchange of the property retained by her---Petitioner could not have been allowed both the benefits---Fact whether petitioner was a victim of fraud was doubtful---Neither allegations regarding fraud and collusion had been accepted by Courts below nor it seemed that petitioner suffered from any practical disability as a Pardanashin lady---Case was not such in which any of the principles laid down in Ghulam Ali's case reported as PLD 1990 SC 1, would be helpful to petitioner---Leave to appeal was refused in circumstances. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by plaintiff in a declaratory suit; against the acceptance by the High Court, of respondents' Civil Revision. The petitioner had…

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