1985 PLP 2717 (CLC)

Malkani Sahibzadi Tiwana has filed this petition for transfer of a suit titled "Malkani Sahibzadi Tiwana v. Shahbaz Khan etc." from the Court of Senior Civil Judge, Sargodha, to some Court at Lahore.

2. The grounds pressed by the petitioner for transfer of the suit are as follows:- "(i) That the petitioner is a housewife and has now been threatened in case she continues to prosecute the suit at Sargodha. Very substantial properties are involved and there are serious allegations of fraud on the part of the respondents. Already one of the widows of the petitioner's father, Mst. Atiya Rehana, has been murdered in a gruesome manner. (ii) That the petitioner has serious and tangible apprehensions of danger to her life while continuing to pursue and prosecute the case at Sargodha. (iii) That there is no male member in the house of the petitioner who can look after her safety and interest as well. It is evident that the visits of the petitioner from Lahore to Sargodha have now become a cause for her further unsafety and insecurity. (iv) That the petitioner feels that her life is not safe at Lahore and especially at Sargodha, where the majority of her enemies, their friends, servants and relatives are residing. It may also be submitted that respondents were the servants and attorneys of Malik Khizer Hayat Tiwana and are very inimical towards the petitioner and other members of the family. (v) That it may be mentioned that the petitioner had intended to reside at Sargodha but on account of the venomous relations with other relatives and persons interested in the properties of late Malik Khizer Hayat Tiwana, she had to shift to Lahore but the inimical and strained relations are still in existence of which she cannot become unconscious whether at Lahore or Sargodha in particular. (vi) That the petitioner otherwise cannot conveniently manage or arrange the material evidence desired and required to be produced before the trial Court at Lahore." The petitioner has also filed an affidavit in this Court of her averments.

3. While resisting the petition it was contended by learned counsel for the respondents, Muhammad Aslam and others that no harm is likely to be caused to the petitioner in the event of her going to Sargodha for prosecuting the suit. He, however, did not say any thing regarding the petitioner's plea that she was Pardahnasheen lady. There is no counter-affidavit to refute what the petitioner had stated on solemn affirmation. i am also conscious of the fact that since the petitioner is a female more weight deserves to be given to her inconvenience than to that of the respondents who are males. I am, therefore, inclined to transfer the petitioner's suit from Sargodha to Lahore.

4. The petition is accordingly accepted and the suit referred to above is transferred from the Court of the Senior Civil Judge, Sargodha, to that of the Senior Civil Judge, Lahore. The Senior Civil Judge, Sargodha, shall transfer the relevant file immediately and ensure that it ,reaches the Court of Senior Civil Judge, Lahore, by 25th February, 1982. There shall be no order as to costs. M.A.K. Petition accepted.