In the case of “Arshad Khan v. Mst. Resham Jan and
others” (2005 SCMR 1859) it was observed by the
honourable Supreme Court to the effect that in case of
transaction involving pardanashin lady, heavy burden
rests on party in position of active confidence to prove
good faith and genuineness of transaction as envisaged in
Article 127 of the Qanoon-e-Shahadat Order, 1984. The
august Court was please to observe that “this is a settled
law regarding the disposition of properties of Parda
Nasheen Ladies and also the illiterate and ignorant
women that the genuineness of the transaction of
disposition must be established by the persons who claims
its genuineness or who is to be benefitted by such
transaction through reliable, cogent and convincing
evidence.”
Used in Judgement of
Lahore High court
Civil Revision
130272/18
0 comments:
Post a Comment