Where the beneficiary of the impugned oral sale mutation was admittedly the real brother of the plaintiff, who was an illiterate villager lady, it was imperative on part of the beneficiary to prove the transaction underlying.............

 Where the beneficiary of the impugned oral sale mutation was admittedly the real brother of the plaintiff, who was an illiterate villager lady, it was imperative on part of the beneficiary to prove the transaction underlying the said mutation and prove that the same was not result of any undue influence, coercion or fraud inasmuch as in an overwhelmingly patriarchal society like ours, there is a wide spread social practice to deprive the females from their legal and shari share in inheritance, which the Hon'ble Apex Court has always deprecated. Such deprivation is generally affected through instrument such as gift/tamleek and mutations sanctioned by practicing fraud or exercising undue influence on the females and are generally result of exploitation, emotional or otherwise of females, which takes away element of free consent from such contracts as required under the Contract Act, 1872 and such agreements have been held to be against the public policy by the Hon'ble Supreme Court of Pakistan in a case reported as "Farhan Aslam and others v. Mst. Nuzba Shaheen and another (2021 SCMR 179).

Civil Revision-Civil Revision (Against Decree)

419-18

HAYYAT ALI VS

MST KHATOON BEGUM ETC

Mr. Justice Anwaar Hussain

25-10-2022

2022 LHC 7837