Pirzada NOOR-UL-BASAR vs Mst — 2023 SCMR 1072 SUPREME-COURT

Case information

Citation: 2023 SCMR 1072 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Pirzada NOOR-UL-BASAR vs Mst
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Pirzada NOOR-UL-BASAR VS Mst. PAKISTAN BIBI Ss. 42 & 54---Suit for declaration and permanent injunction---Property given by husband (deceased) to his Parda Nashin wife in lieu of dower---Presumption of completeness of transaction---Scope---In the Nikah Nama, it was clearly mentioned that the suit property was given to the respondent-widow by her husband in lieu of dower---Husband was owner of the suit property and there was no bar on him to transfer the property to his wife in his lifetime---Land in question was in exclusive ownership of the respondent-widow and she used to receive Ijjara from the tenants---Two tenants of the respondent appeared in the witness box and stated on oath that they were cultivating the suit property for the last 40 years on behalf of the respondent; they also admitted that they were paying Ijjara to the respondent---Respondent was a Parda Nashin Lady and under no circumstances it can be presumed that she had the knowledge that after the Nikah and the Nikah Nama, the registration as well as the incorporation in the revenue record was mandatory---Under the bona fide belief, in our part of the world, the presumption of completeness of transaction, after the execution of Nikah Nama is there and since the Ijjara was being received by her, as such, she was under bona fide belief that during the lifetime of her husband as well as after his death, the transaction was complete and she was the owner of the property in question---Suit of respondent had been rightly decreed---Appeal was dismissed.

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