Muhammad Umar Farooq vs Irshad Bibi Ss — 2024 YLR 2629 LAHORE-HIGH-COURT-LAHORE

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Muhammad Umar Farooq VS Irshad Bibi Ss. 42 & 39---Suit for declaration and cancellation of mutation---Old and illiterate lady---Property transaction---Lady, being an old aged widow and also illiterate, instituted a suit against the defendant claiming that he, in connivance with the revenue staff, got transferred her agricultural land without her knowledge---Trial Court decreed the suit in favour of the lady which judgment and decree were maintained by the Appellate Court---Validity---Old and illiterate ladies are entitled to the same protection which is available to the Parda observing lady under the law---Beneficiary of any transaction involving pardanashin and illiterate women has 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 and objective advice either of a lawyer or a male member of her immediate family available to her---Burden of proof is on the party who depends on such a deed to persuade and convince the Court that it has been read over and explicated to her and she as not only understood it but also received independent and disinterested advice in the matter---Aforesaid parameter and benchmark is equally applicable to an illiterate and ignorant woman who may not be a pardanashin lady---In the present case, no evidence was available to show that the respondent (plaintiff lady) had independent advice and was fully aware and cognizant of the nature of the transaction---Both the Courts below had rightly concluded that the petitioner failed to prove his case by unimpeachable and confidence inspiring evidence---Revision, filed by the defendant, was dismissed, in circumstances.

Muhammad Umar Farooq vs Irshad Bibi Ss — 2024 YLR 2629 LAHORE-HIGH-COURT-LAHORE

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