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Petitioner: Mst. BATOOL BEGUM VS Respondent: MUHAMMAD YOUNAS KHAN
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Mst. BATOOL BEGUM vs MUHAMMAD YOUNAS KHAN Case No.: Civil Petition for Leave to Appeal No. 332-R of 1988 S.A. No. 31 of 1988 Date of Judgment:1991-06-28 Reported As: 1991 SCMR 1496 Result: Leave granted
Judgment 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.