MUHAMMAD SHAM AND Another vs SHER ALI — 1970 SCMR 510

Citation: 1970 SCMR 510

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-13

Parties: MUHAMMAD SHAM AND Another vs SHER ALI

Headnotes

Case cited as 1970 SCMR 510

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: MUHAMMAD SHAM AND Another vs SHER ALI Case No.:Civil Petition for Special Leave to Appeal No. 72 of 1970 R. S. A. No. 428 of 1969 Date of Judgment:1970-04-13 Reported As: 1970 SCMR 510 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-Respondent, under an agreement dated the 5th January 1966, agreed to sell in favour of the petitioners his half share in agricultural land measuring 356 Kanals, 18 Marlas, situated in village Machhika, Tehsil and District Sheikhupura, for a sum of Rs. 40,000. He acknowledged to have received a sum of Rs. 10,000 as earnest money from the petitioners. Subsequently, the respondent sold his half share in the above-mentioned land in favour of the petitioners under a sale-deed dated the 21st March 1966, registered on the 22nd March 1966. Rs. 30,000 were paid by the petitioners to the respondent at the time of registration before the Sub- Registrar and the balance of the amount was acknowledged to have been received. The respondent brought a suit for cancellation of the above--mentioned sale-deed on the ground that he was a simpleton and weakling mentally as well as physically. He was under the influence of the petitioners due to relationship, who finally prevailed upon him and obtained the impugned sale-deed in their favour. He alleged that the impugned sale-deed was without consideration and obtained by undue influence. The trial Court decided issues…

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