Law:

Section:

(a) Pardanashin lady----Agreement to sell by illiterate Paradanashin lady---Plea of non-availability of independent advice to such lady---Validity---Agreement was signed by her attorney/husband, who did not disown his signatures thereon during examination in Court---Husband admitted that he had brought his wife to the Court on relevant day---Marginal witness deposed that agreement was executed by such lady, which had been read over to her, who after accepting its correctness had put her thumb impression thereon---Lady, held, had executed the agreement in presence of her husband. Muhammad Saleem v. Muhammad Aslam and others 1983 SCMR 53; Sheikh Muhammad v. Mst. Hashmat Sultana 1989 SCMR 34; Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore and twenty others PLD 1996 SC 246; Abdul Wall. Khanb through legal heirs and others v. Muhammad Saleh 1998 SCMR 760; Nawab Sikandar Begum v. Zulfikar Wali Khan (minor) and others AIR 1938 Privy Council 38; Farid-un-Nisa v. Mukhtar Ahmad and another 52 I.A. 342 = AIR 1925 PC 204; Kali Bakhsh Singh and others v. Ram Gopal Singh and others (1913) (41 I.A. 23 = 21 I.C. 985 and Hussain and others v. Lal Din and others 1998 SCMR 99 ref. (b) Specific Relief Act (I of 1877)--- ----Ss. 12 & 27(b)---Suit for specific performance of agreement to sell---Subsequent purchaser claimed to be bona fide purchaser having no notice of earlier agreement---Validity---Subsequent purchaser had purchased property from vendor through her husband, who was her attorney and had knowledge about earlier agreement---Such plea was not tenable in facts and circumstances of case. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioners seek leave to appeal against judgment, dated 16-2-2001, passed by the Lahore High Court, Lahore in Civil Revision No.1227 of 1989. 2. The respondents instituted on 21-11-1977, a civil suit against the petitioners for specific performance of an agreement to sell, dated 17-1-1977 (Exh.P.11/1). It was averred therein that the petitioner No.8 had executed the agreement to sell her land measuring 24 Kanals and 6 Marlas on 17-1-1977 in favour of the respondents for a consideration of Rs.24,350 out of which she had received a sum…

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