Syed IQBAL HUSSAIN SHAH vs Mst — 2024 CLC 181 PESHAWAR-HIGH-COURT

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

Syed IQBAL HUSSAIN SHAH VS Mst. KALSOOM BIBI Ss. 42, 39 & 54---Suit for declaration, cancellation of document and permanent injunction---Parda Nasheen / illiterate lady, rights of---Transaction relating to such women---Requirements---Principle of caution---Scope---Beneficiary, responsibility of---Mutation was recorded by virtue of which all sisters sold out their shares to the their brother---Plaintiff (lady/sister)sought cancellation of mutation to the extent of transfer of her share on the ground that neither she sold the same nor did she appear before any Revenue Official nor impressed her thumb-impression in said regard---In the first round of litigation, the matter was remanded to the Appellate Court for fresh decision of appeal having been filed by the defendant / brother, which appeal was dismissed---Validity---Evidence was silent with regard to knowledge of the respondent about nature of transaction and consequences thereof or whether she had any independent advice particularly when she was married woman---Her husband was, admittedly, not present at the time of execution of the mutation-in-question---Payment of sale-consideration was not proved as there were contradictions in the evidence adduced by the petitioner and that of his witness whom he (petitioner) asserted to have handed over the amount for payment to the respondent---Another witness presented by the petitioner only referred to the presence of four sisters out of total five, hence the presence and actual representation of respondent could not be established through evidence---There was also contradiction regarding presence of and payment to the respondent, in statements of Halqa Patwari and Ahle-Commission appointed for recording statements of Parda Nasheen ladies---Even two witnesses of the petitioner /defendant unanimously admitted that the petitioner used to pay share of crops to the respondent till institution of the suit---Said defects cast doubt on the transactions attributed to the respondent / plaintiff---In our male dominated society where the female legal heirs have been consistently deprived of their 'sharai' shares in inheritance , the principle of caution in protecting the legitimate rights of the illiterate Parda observing lady must be applied vigorously and rigidly---Beneficiaryof any transaction involving Parda Nasheen and illiterate woman had to prove that it was executed with free consent and will of the lady , she was aware of the meaning, scope and implications of the document that she was executing; she was made to understand the implications and consequences of the same and had independent /objective advice either of a lawyer or a male member of her immediate family available to her---Record revealed that in the proceedings before the Appellate Court , fingerprint expert submitted his report wherein he affirmed that thumb-impression on mutation-in-question did not match with admitted thumb-impression of the respondent---No illegality or infirmity had been noticed in the impugned decrees and judgments passed by both the Courts below---Revision filed by the petitioner (defendant/brother) was dismissed, in circumstances.

Syed IQBAL HUSSAIN SHAH vs Mst — 2024 CLC 181 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 CLC