Law:

Section:

Specific Relief Act (I of 1872)-------S. 42---Contract Act (IX of 1872), Ss.186 & 187---Suit for declaration---Dispute between parties over passage owned by plaintiff---Sale of (1/2) half of suit passage by husband in jirga settlement of defendant without having. written authority on behalf of wife to do so---Denial of wife, to have sold suit passage---Proof---Non-appearance of plaintiff and her husband as witness to deny on oath suit sale and rebut statements of defendant and Jirga members to the effect that sale document was executed by plaintiff's husband after receipt of sale price with her full knowledge and concurrence---Statement of plaintiff's special attorney that in Pathan Society, women never sit in Jirga, rather her brother/father/husband used to sit on her behalf---Validity---Plaintiff's special attorney in cross-examination had deposed that husband bore all expenses of household; that husband and wife lived in the same house and they acted in consultation with each other in respect of their domestic issues; and that plaintiff while filing suit had good relations with her husband---Evidence on record suggested existence of an implied agency in favour of husband authorizing him to deal with defendant in respect of suit land and participate in Jirga on behalf of plaintiff---Suit was dismissed in circumstances. Saadullah Janduli, Advocate Supreme Court for Petitioner. Adbullah Sani, Advocate Supreme Court, M. Zahoor Qureshi, Advocate-on-Record, Qaiser Naz, Tehsildar, Peshawar along with Ghafoor Khan, Patwari for Respondents. Date of hearing: 4th March, 2010. JUDGMENT JAWWAD S. KHAWAJA, J.---The petitioner/defendant Haji Libas Khan impugns the judgments concurrently recorded against him, respectively by the learned trial Court, the Appellate Court and by the High Court in revisional jurisdiction. For reasons considered below, we have converted this petition into an appeal and allowed the same. As a consequence, the declaratory suit filed by Mst. Naseem Akhtar respondent/plaintiff has been dismissed. 2. We are fully conscious that the three Courts below had accepted the case set up by Mst. Naseem Akhtar respondent/plaintiff and has passed a decree…

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