Article 127 of Qanoon-e-Shahadat, 1984, wherein it is provided that the burden of proving good faith of a transaction is on the party

 Reference can be made to the rule given in “Arshad Khan. vs. Mst. Resham Jan and others” (2005 SCMR 1859) where the August Supreme Court observed that it is

 “…settled principle of law that if the genuineness of a transaction entered on behalf of a Pardanashin lady is disputed by the said lady, heavy onus would lie on the person who asserts right through it is pertinent to mentioned here that to prove the good faith and genuineness of the transaction as envisaged in Article 127 of Qanoon-e-Shahadat, 1984, wherein it is provided that the burden of proving good faith of a transaction is on the party which is in a position of active confidence. This is settled law regarding the disposition of property of Pardanashin ladies and also the illiterate and ignorant women that the genuineness of the transaction of disposition must be established by the person who claims its genuineness or who is to be benefited by such transaction through the reliable, cogent and convicting evidence…”

Part of Judgment
Lahore High court
Civil Revision
1641981.1354-14

2018 LHC 3624