6. The other glaring backdrop of the case was that the sale deed
under litigation in hand was executed on behalf of an illiterate lady
and as per judgments of the apex Court rendered in cases reported
as Taleh Bibi and others Vs. Mst. Maqsooda Bibi and another
(1997 SCMR 459), Mian Allah Ditta through LRs Vs. Mst. Sakina
Bibi and others (2013 SCMR 868), Ghulam Farid and another Vs.
Sher Rehman through LRs. (2016 SCMR 862) and Phul Peer
Shah Vs. Hafeez Fatima (2016 SCMR 1225), the legal protection
is to be extended to her, which is available to a pardanashin woman
and in such situation, it was sine qua non for the beneficiaries to
have proved that not only independent advice was available with
her, but she had settled the bargain with conscious mind of
transferring the property in dispute to the respondents. The Deed
Writer (DW4), Identifier (DW3) and the Attesting Witness (DW2)
admitted in their testimonies that either son or a relative of the
lady/vendor was available, but non-signing of the document on
their part raised serious question about its genuineness. The
disputed transaction on behalf of lady was effected in favour of
siblings of her brother. The latter was in a position to exert his
pressure or had got a relation of great confidence to wield influence
upon her and in such situation that was to be seen with doubt and care. The submission of Mr. Sakhawat, learned counsel that each of
the DWs specifically deposed in his statement that the Scribe as
well as the Registering Officer confirmed from the lady with regard
to receipt of sale amount, who thereafter scribed and registered the sale deed, hence there was no further requirement for making the
document and transaction understandable to her was not well
founded. It was the defence of the lady that the property was never
sold out, rather it was leased out, as such it was imperative upon the
beneficiaries to have proved that the consideration, if any paid, was
for the sale.
Part of judgement
THE LAHORE HIGH COURT LAHORE
Civil Revision
1687955.2715-14
1687955.2715-14
2018 LHC 863
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