BARKAT ALI AND Others vs Mst. FAZAL BIBI AND 2 Other — 1971 SCMR 548

Citation: 1971 SCMR 548

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-24

Parties: BARKAT ALI AND Others vs Mst. FAZAL BIBI AND 2 Other

Headnotes

Case cited as 1971 SCMR 548

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad Title: BARKAT ALI AND Others vs Mst. FAZAL BIBI AND 2 Other Case No.: Civil Petition for Special Leave to Appeal No. 65 of 1971 R. S. A. No. 31 of 1971 Date of Judgment:1971-06-24 Reported As: 1971 SCMR 548 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMED, J.-The respondents brought a suit challenging mutation No. 574 dated the 30th April 1966, on the allegation that this entry was obtained by fraud and it was void, illegal, fictitious and without consideration. They denied that they received Rs. 14,500 as sale price and alleged that they did not appear before the Revenue Officer and did not consent to the sale in dispute. It was also alleged by them that one of the respondents Mst. Hanifan Bibi was deaf and dumb and could not give her consent to the sale. The respondents' case is that the land in dispute was given on lease to petitioner No. 8 for a period of three years from the 2nd July 1963 and the mutation in question was obtained in collusion with the Revenue staff. The suit was resisted by the petitioners. They denied to have practised any fraud and stated that Mst. Hanifan Bibi gave her consent for sale through her brother and mother. On the pleadings of the parties as many as 8 issues were framed. The learned trial Court dismissed the suit. The matter was taken in appeal to the learned Additional District Judge, Bahawalpur, who by order dated the 2nd February 1971, reversed the…

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