Law:

Section:

(a) Pardanashin lady--- ---- Court should be very careful in recording findings as to execution of any agreement by an illiterate and Pardanashin lady, if she had challenged it on the ground that it had been obtained from her by fraud. (b) Specific Relief Act (I of 1877)--- ----S. 42---Constitution of Pakistan (1973), Art.185(3)---Suit for declaration---Plaintiff challenged the sale of her land in favour of defendant (her brother) on the ground that she was an illiterate and Pardanashin lady and while suffering from illness, the defendant got her power of attorney executed in favour of a third person Authorising him to dispose of her land, who then transferred the same to defendant---Trial Court decreed the suit--­Appeal and revision petition filed against such decree were dismissed--­Validity---Defendant could not point out any misreading, misconstruction or non-reading of any material piece of evidence by any of the Courts below in arriving at the conclusion that power of attorney obtained by him from plaintiff was the result of fraud and misrepresentation---Plaintiff had (5) sons and husband, but none of them was made to be present at the time of execution of power of attorney---Defendant was the real brother of plaintiff, thus, it could safely be presumed that he in order to grab the share in the property inherited by his sister from their father, had obtained the power of attorney by fraud---Supreme Court refused to grant leave to appeal and dismissed the petition being devoid of merits. JUDGMENT MUNIR A. SHEIKH, J.---Through judgment dated 18-8-1999, the learned Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, has dismissed Civil Revision- - No. 173-D of 1998, arising from suit filed by Mst. Noor Bhari, deceased predecessor-in -interest of respondents Nos. l to 8 for declaration etc. 2. The facts of the case are that the property in dispute was inherited by the present petitioner, Ghulam Muhammad and her sister, Mst. Noor Bhari from their father. The petitioner purchased latter share through respondent No.9/defendant No.2 her alleged attorney, Noor Bhari deceased filed the suit for declaration that she was illiterate and Pardanashin lady and…

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