1997 PLP 1456 (SCMR)
Mst. ALLAH JOWAI‑‑‑Petitioner Versus WALI DAD and another‑‑‑Respondents
| Citation | 1997 PLP 1456 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Muhammad Ilyas and Irshad Hasan Khan, JJ |
| Parties | Mst. ALLAH JOWAI‑‑‑Petitioner Versus WALI DAD and another‑‑‑Respondents |
| Primary Law | Contract Act (IX of 1872)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 1456 (SCMR)?
This judgment primarily cites: Contract Act (IX of 1872)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 1456 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Muhammad Ilyas and Irshad Hasan Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 1456 (SCMR) (Mst. ALLAH JOWAI‑‑‑Petitioner Versus WALI DAD and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saeed ur Rehman Farrukh, Advocate Supreme Court instructed by Sh. Salah ud Din, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 19th June, 1996.
Headnotes / Summary
(On appeal from the order dated 12‑3‑1996 of the Lahore High Court, Multan Bench passed in Civil Revision No.471‑D/1995). ‑‑‑‑Ss. 17 & 18‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Transaction of sale by plaintiff (lady)‑‑‑Plaintiff challenged sale on ground of fraud and misrepresentation‑‑‑Trial Court found that plaintiff was assisted by her son at registration of sale‑deed, therefore, independent advice was available to her‑‑ Judgment and decree of Trial Court dismissing plaintiff's suit was maintained up to High Court‑‑‑Validity‑‑‑Plaintiff's contention was that independent advice was not available to her at the time of registration of sale‑deed for her son was son‑in‑law of defendant‑‑‑Such aspect of matter was not considered by High Court‑‑‑Leave to appeal was, thus, granted to examine, whether in circumstances of case, independent advice was not available to plaintiff at registration of sale -deed in question.
Judgment & Decree
MUHAMMAD ILYAS, J.‑‑‑Dispute involved in the suit giving rise to this petition relating to the sale of certain land alleged to have been made by the petitioner, Mst. Allah Jowai by means of a sale‑deed. In the suit, it was alleged by her that the respondents, Wali Dad and another had manipulated the sale‑deed by fraud and misrepresentation. Thus, a question arose before the Civil Judge, who heard the suit, as to whether she had the benefit of independent advice at the time of sale. View taken by the learned trial Court was that she was assisted by her son. Khizar Hayat at the time of the registration of the sale‑deed and as such independent advice was available to her. The suit was dismissed by the learned trial Court. The petitioner then went in appeal before an Additional District Judge but the same was also dismissed. Ultimately, she filed a revision petition before the Lahore High Court, Multan Bench, but that too was dismissed by a Single Judge thereof. Hence this petition for leave to appeal.
2. It was contended by learned counsel for the petitioner that independent advice was not available to the petitioner at the time of the registration of the sale‑deed because her son Khizar Hayat is son‑in‑law of respondent No. 1, Wali Dad. This aspect of the matter was not considered by the learned Judge in Chamber. We will, therefore, like to examine whether, in the circumstances of the present case, independent advice was available to the petitioner at the time of registration of the sale‑deed in dispute.
3. This petition is, therefore, accepted and leave to appeal is allowed to the petitioner. A.A./A‑1436/S Leave granted.