1991 PLP 1496 (SCMR)
Mst. BATOOL BEGUM — Petitioner Versus MUHAMMAD YOUNAS KHAN — Respondents
| Citation | 1991 PLP 1496 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. Usman Ali Shah, JJ |
| Parties | Mst. BATOOL BEGUM — Petitioner Versus MUHAMMAD YOUNAS KHAN — Respondents |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 1991 PLP 1496 (SCMR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1496 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1496 (SCMR) (Mst. BATOOL BEGUM — Petitioner Versus MUHAMMAD YOUNAS KHAN — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Akhtar Ali, Advocate-on-Record for Petitioner.
- Ch. Muhammad Aslam, Advocate-on-Record for Respondents.
- Date of hearing: 28th June, 1989.
- Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
- Ch. Muhammad Aslam, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 19-4-1988 in R S.A. No. 31 of 1988).
S. 42
Constitution of Pakistan (1973), Art. 185(3)
Leave to appeal granted to consider question whether in a suit for specific performance of contract defendant lady could not be allowed all benefits on account of being a `Parda Nasheen' lady. ORDER MUHAMMAD AFZAL ZULLAH, J.
Leave to appeal has been sought by a defendant; against the dismissal by the High Court of a Regular Second Appeal. It had arisen out of her failure before the learned two Courts below in a suit filed by the respondent side for specific performance of an alleged contract of sale, said to have been entered into by the petitioner. After hearing both the learned counsel we feel satisfied that the questions raised before the High Court and also raised in this petition including the one; whether, all benefits on account of the petitioner being a `Parda Nasheen' lady could not be allowed to her. Prima facie, after reading the relevant part of the evidence it appears that she in fact was a `Parda Nasheen' lady. Leave to appeal, accordingly, is granted. Security Rs.5,
000. The impugned decree, in the meanwhile is suspended. The appeal shall be prepared on the present record with direction to the parties to file all essential documents. Legal representatives of the concerned deceased party, on the oral request of the learned counsel (which has been allowed) shall be brought on record. H.B.T./B-121/S Leave granted.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑‑Leave to appeal has been sought by a defendant; against the dismissal by the High Court of a Regular Second Appeal. It had arisen out of her failure before the learned two Courts below in a suit filed by the respondent side for specific performance of an alleged contract of sale, said to have been entered into by the petitioner. After hearing both the learned counsel we feel satisfied that the questions raised before the High Court and also raised in this petition including the one; whether, all benefits on account of the petitioner being a `Parda Nasheen' lady could not be allowed to her. Prima facie, after reading the relevant part of the evidence it appears that she in fact was a `Parda Nasheen' lady. Leave to appeal, accordingly, is granted. Security Rs.5,
000. The impugned decree, in the meanwhile is suspended. The appeal shall be prepared on the present record with direction to the parties to file all essential documents. Legal representatives of the concerned deceased party, on the oral request of the learned counsel (which has been allowed) shall be brought on record. H.B.T./B‑121/S Leave granted.