مزید برآں ، اعتراض شدہ تغیر کو فریقین کے درمیان زبانی لین دین پر مبنی بتایا جاتا ہے ۔ یہ اچھی طرح طے شدہ ہے کہ ایک بار جب کسی اتپریورتن پر سوال اٹھایا جاتا ہے ، تو اس پر انحصار کرنے والا فریق اس بنیادی لین دین کو ثابت کرنے کا پابند ہوتا ہے جس سے اس طرح کی اتپریورتن پیدا ہوتی ہے ، کیونکہ اتپریورتن خود عنوان کی دستاویز نہیں ہے بلکہ محض فریقین کے درمیان پہلے کے لین دین کی عکاسی کرتا ہے ۔
A perusal of the record reveals that the respondent 4. appeared as PW-1 and, during cross-examination, asserted that she is a simple, old, illiterate, and pardanashin lady, having rural background, thereby contending that the burden lay upon the petitioners to establish that the sale transaction was effected It is on record with her free will and conscious understanding. that the respondent has two sons who had attained majority at the time when the impugned mutation was_ sanctioned. According to the statement of Allah Bakhsh (DW-1), one of the respondent’s sons was present at the time of the execution of the impugned mutation, but astonishingly, the respondent was not identified by him. Instead, her identification was made by Sajjad Hussain (DW-2), who is not only first cousin of the petitioner but her sister is also married to his elder brother, namely Ishaque, which too makes genuine execution of the mutation suspicious. In cases involving pardanashin or similarly placed women, this Court has consistently exercised heightened caution and has emphasized compliance with the safeguards articulated in the cases of Phul Peer Shah', Ghulam Farid? and Ghulam Muhammad3. These largely include the party relying upon such a transaction must prove that it was entered into with the woman’s free will and informed consent, that its nature and consequences were explained to her in a language she understood, that she had the benefit of independent and disinterested advice, that the witnesses were trustworthy and free from any conflict of interest, and that the sale consideration was duly paid and received by her. However, the petitioners failed to satisfy the aforesaid conditions and, consequently, did not discharge the onus cast upon them by law to establish that the transaction was entered into with the respondent’s free will and informed consent.




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