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| 2025 CLC 1784 |
معمر اور ناخواندہ خاتون کی جائیداد کی مبینہ فروخت ثابت نہ ہو سکی
مقدمے کے حقائق
عدالت کا مشاہدہ
جائیداد کی قیمت کس طرح طے ہوئی
بارِ ثبوت کا اصول
ریونیو افسران کو فریق بنانے کا سوال
فیصلہ
قانونی اصول
Must read judgement.
2025 CLC 1784
[Lahore]
Before Rasaal Hasan Syed, J
MUHAMMAD UMAR FAROOQ-Petitioner
Versus
IRSHAAD BIBI -Respondent
C.R. No. 13867 of 2024, decided on 2nd September, 2024.
(a) Illiterate lady--
--Old/illiterate/octogenarian/widow lady-Property transaction-Fraud-Absence of independent advice-Mutation, assailing of Burden of proof on the beneficiary of such transaction-Nearness of the relationship of the petitioner with the elderly widow lady/maternal grandmother as her grandson, the factum of him residing in the same house with her to the exclusion of anybody else coupled with absence of independent advice being established on record placed heavy responsibility upon the shoulders of the petitioner to establish property transaction by independent, unimpeachable, creditworthy and coherent evidence.
(b) Specific Relief Act (I of 1877)-
Ss. 42 & 39-Suit for declaration and cancellation of mutation-Property transaction without the knowledge of octogenarian/old/illiterate/widow/dependent lady-Failure of the petitioner to prove oral sale and capacity to pay consideration-Effect-Petitioner was 20 years of age and was not employed anywhere having any source of income for payment of consideration, thus, he failed to prove payment of consideration-Cloud of undue influence and colourability of the transaction could also not be effectively rebutted by establishing any plausible factual context of transaction such as proof of any negotiations with regard to sale, how the price was agreed and how the payment was to be made or made to the lady and in whose presence-Civil revision was dismissed, in circumstances.
Ghulam Farid and another v. Sher Rehman through LRs. 2016 SCMR 862 and Pervaiz Akhtar v. Mst. Farida Bibi and others PLD 2023 SC 628 rel.
(c) Civil Procedure Code (V of 1908)---
O. I, R. 10-Punjab Land Revenue Act (XVII of 1967), Ss. 41(3) & 42(3)--Specific Relief Act (I of 1877), Ss. 42 & 39--Suit for declaration and cancellation of mutation-Allegation of fraud in collusion with revenue officers/officials---Plea of non-impleadment of revenue staff as necessary party-Validity-Sale transaction was allegedly made by the pardanashin lady, who was not only illiterate and dependent upon the petitioner emotionally and practically as her maternal grandson living with her but was also an octogenarian, which made it pivotal for the transaction to be independently established by the petitioner in which he failed after shifting of onus as its beneficiary--Impleading of revenue officials in every case is not a rule of the thumb and this depends upon the peculiar facts and circumstances of each case-Civil Revision was dismissed, in circumstances.
Sikandar Hayat and another v. Sughran Bibi and 6 others 2020 SCMR 214; Sakhi Jan and others v. Shah Nawaz and another 2020 SCMR 832 and Ghulam Muhammad v. Zohran Bibi and others 2021 5CMR 19 rel.
