Examining the plea of transaction

Likewise in “Ghulam Farid and another v. Sher Rehman through LRs” (2016 SCMR 862) while examining the plea of transaction by a pardanashin lady it was observed by the honourable Supreme Court as under:-

“14. The inflexible, hard and fast rule is, that when any transaction is made by any one where “Parda Nasheen” lady’s vital interest is involved then, the following conditions are to be invariably and essentially fulfilled: -

 (i) to establish through evidence that the transaction was free from any influence, misrepresentation or fraud;

(ii) that, the amount of consideration equal to the value of the property was indeed paid to the ladies;

(iii) in the case of “Parda Nasheen” rustic village ladies at the time of transaction such ladies were fully made to understand the nature of the transaction and the consequences, emanating therefrom and;

(iv) That at the time of transaction, the ladies were having access to independent advice of their nearer or dearer, who have no hostile interest to them.”

Used in Judgement of
Lahore High court
Civil Revision
130272/18