Suit for declaration and cancellation of mutation---Old and illiterate lady---Property transaction--- Lady, being an old aged widow and also illiterate, instituted a suit against the ............

Suit for declaration and cancellation of mutation---Old and illiterate lady---Property transaction--- Lady, being an old aged widow and also illiterate, instituted a suit against the defendant claiming that he, in connivance with the revenue staff, got transferred her agricultural land without her knowledge---Trial Court decreed the suit in favour of the lady which judgment and decree were maintained by the Appellate Court--- Validity---Old and illiterate ladies are entitled to the same protection which is available to the Parda observing lady under the law---Beneficiary of any transaction involving pardanashin and illiterate women has to prove that it was executed with free consent and will of the lady, she was aware of the meaning, scope and implications of the document that she was executing; she was made to understand the implications and consequences of the same and had independent and objective advice either of a lawyer or a male member of her immediate family available to her---Burden of proof is on the party who depends on such a deed to persuade and convince the Court that it has been read over and explicated to her and she as not only understood it but also received independent and disinterested advice in the matter- Aforesaid parameter and benchmark is equally applicable to an illiterate and ignorant woman who may not be a pardanashin lady---In the present case, no evidence was available to show that the respondent (plaintiff lady) had independent advice and was fully aware and cognitant of the nature of the transaction---Both the Courts below had rightly concluded that the petitioner failed to prove his case by unimpeachable and confidence inspiring evidence--- Revision, filed by the defendant, was dismissed, in circumstances.

UMAR FAROOQ versus IRSHAD BIBI-

Civil Revision No. 13865 of 2024

2024 YLR 2629

Old illiterate lady-Property and transaction- Lady, being an old aged widow and illiterate, instituted a suit against the defendant claiming that he, dennivance with the revenue staff, got transferred her agricultural land was without her knowledge---Trial Court decreed the suit in favour of the lady which judgment and decree could maintained by the Appellate Court... Validity---Petitioner/defendant not lead any evidence to show that as to when and where the bargain with regards to the sale of the suit property was struck between the parties, rather he had admitted during cross- examination that no bargain was struck inter se the petitioner and respondent and even names of witnesses were not pleaded, because entering of mutation in the revenue record is a subsequent event and it is only for fiscal purposes-- -On the contrary, even, mother of the petitioner/defendant appeared as a witness of plaintiff/respondent and deposed against him (petitioner/ defendant), which created doubts about the veracity and validity of the disputed mutation---Both the Courts below had rightly concluded that the petitioner failed to prove his case by unimpeachable and confidence inspiring evidence---

UMAR FAROOQ versus IRSHAD BIBI-
Civil Revision No. 13865 of 2024
2024 YLR 2629

Transaction regarding property with pardanashin lady-Mandatory conditions/ parameters for a transaction regarding property with a pardanashin, infirm/old and illiterate lady which should be complied with and have to be fulfilled in a transparent manner through evidence of a high degree so as to prove the transaction as legitimate and dispel all suspicions and doubts surrounding it-Said conditions are:-

(i) That the lady is fully cognizant and is aware of the nature of the transaction and its probable consequences;

(ii) That she has independent advice from a reliable source/person of trust to fully understand the nature of the transaction;

(iii) That witnesses to the transaction are such, who are close relatives or fully acquainted with the lady and have no conflict of interest with her;

(iv) That the sale consideration is duly paid and received by the lady in the same manner; and

(v) That the very nature of transaction is explained to her in the language she understands fully and she is apprised of the contents of the deed/ receipt, as the case may be.