Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mst. ALLAH JOWAI VS Respondent: WALI DAD And Another
Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Muhammad Ilyas, Saad Saood Jan Title: Mst. ALLAH JOWAI vs WALI DAD And Another Case No.: Civil Petition No. 1262-L of 1996 Civil Revision No.471-D/1995 Date of Judgment:1996-06-19 Reported As: 1997 SCMR 1456 Result: Leave granted
Judgment ORDER 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 the of sale. View taken by the learned trial Court was that she was assisted by her son. Khizar Hayat at the the 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 to 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 the 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 the of registration of the sale-deed in dispute. 3. This petition is, therefore, accepted and leave to appeal is allowed to the petitioner.