Case Details

Citation(s)
2004 SLG 1105 2004 SLD 1105 2004 SCMR 982
Supreme Court of Pakistan
Civil Petition No.771-L of 2001, decision dated: 22-05-2002.(On appeal from the judgment dated 14-2-2001 of the Lahore High Court, Lahore, in Civil Revision No. 1652 of 1990)
JAVED IQBAL AND TANVIR AHMED KHAN, JJ
Mian Iftikhar Shah, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioners. Aamir Raza, A. Khan, Advocate Supreme Court and Mahmood-ul-Islam, Advocate-on-Record for
Respondents

ALLAH DITTA through Legal Representatives and others

VS

NAEEM RAZA and others

Law:

Section:

Transfer of Property Act (IV of 1882)----S.8---Contract Act (IX of 1872), S.11---Constitution of Pakistan (1973), Art.185(3)---Sale by minor and his step mother---Challenge to such sale by minor to the extent of his share by filing suit---Trial Court dismissed suit, but Appellate Court decreed the same, which decree was upheld by High Court in revision filed by defendant ---Validity---Factum of minority---Proof--Matriculation Certificate got exhibited made abundant clear that plaintiff was born on 14-12-1963 and was minor on 19-6-1980, when transaction concerning sale in question was made--¬Nothing could be produced in rebuttal in spite of ample opportunities--¬Age factor being question of fact had rightly been determined by High Court after careful analysis of evidence---No infirmity or illegality could be pointed out in impugned ---Supreme Court dismissed petition being devoid of merits. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment dated 14-2-2001 passed by learned Single Judge of Lahore High Court; Lahore, in Chamber whereby the civil revision preferred on behalf of petitioner has been dismissed. 2. Briefly stated the facts of the case as enumerated in the judgment impugned are to the effect that "vide sale registered on 19-6-1980, Naeem Raza-respondent No.1 and his step mother Mst. Bashir Begum respondent No.2, are alleged to have sold the suit property in favour of the petitioners Nos.1 to 5, this sale was challenged by Naeem Raza to the extent of his share/alienation in the property, through a suit filed on 7-12-1983, claiming that he was born on 14-12-1963 and, thus, was a minor at the time of the alleged transaction. This suit was contested by the petitioners, averring that the respondent was major at the time of sale and thus, a valid transaction had been effected in their favour." Issues were framed and after recording evidence pro and contra the learned Civil Judge dismissed the suit by means of judgment dated 2-10-1989 which was reversed by…
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