Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 120---Documents, execution of---Execution of document by Pardahnashin lady---Genuineness---Onus to prove---Burden to prove genuineness of a transaction with Pardahnashin lady and a document allegedly executed by such lady lay on the person who claimed benefit from the transaction or under the document---Such person was legally obliged to prove and satisfy the Court that the document had been executed by Pardanashin lady, that the lady had complete knowledge and full understanding about the contents of the documents and that she had independent and disinterested advice in the matter before entering into the transaction and executing the document---Plaintiff, however, failed to prove that during the proceedings in the mutation, any of the close relation of the vendor-lady was associated. (b) Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), S. 45--­Constitution of Pakistan (1973), Art. 185(3)---Entries in mutation---Value of---Transaction with Pardahnashin lady---Ownership on the basis of rejected attested sale mutation---Suit for declaration---Suit-land was owned by Pardahnashin lady and the plaintiffs claimed its ownership on the basis of rejected/unattested sale mutation---Trial Court decreed the suit while the Appellate Court allowed the appeal and the suit was dismissed---Judgment of Appellate Court was upheld by the High Court---Plaintiffs, to prove the transaction, relied upon unattested sale mutation in which during the proceedings before Revenue Authorities no close relation of the vendor-lady was associated ---Validity---Co-vendee denied the sale of half portion of the suit property in his favour and the suit was filed 33 years after the alleged sale---Mere reliance on mutation would not be sufficient to prove the transaction unless some cogent evidence proving the transaction itself independent of the mutation, was examined in the Court---Where the requirements of law laid down for a transaction with Pardahnashin lady had not been satisfied the Appellate Court and the High Court were correct to refuse to enforce such a transaction and had rightly…

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