| Case ID |
0c498f5d-a87b-4745-be36-c8d777f0c189 |
| Body |
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| Case Number |
Civil Appeal No.1041 of 1990 |
| Decision Date |
Nov 22, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by Mst. SAFYYA and another, setting aside the judgments and decrees of the lower courts. The Court concluded that the three lower courts had misread the evidence regarding the relationship of the appellants with the deceased vendor, Ghulam Rasul, and failed to consider material facts. The judgment emphasized the importance of documentary evidence, particularly the Nikahnamas, which established that the appellants were indeed the daughters of the vendor. The Court ruled that the sale-deeds executed by Ghulam Rasul were without consideration and intended to deprive the appellants of their rightful inheritance. Thus, the sale-deeds were declared void due to lack of consideration. |
| Summary |
In the case of Mst. SAFYYA and another vs. MUHAMMAD RAFIQUE and others, the Supreme Court of Pakistan addressed critical issues surrounding inheritance rights and the validity of sale-deeds executed by a deceased vendor. The appellants claimed to be the daughters of Ghulam Rasul, who had executed two sale-deeds shortly before his death. The main contention was whether the sale-deeds were valid given that the vendor was allegedly unfit to make independent judgments at the time of execution. The Court found that lower courts had misinterpreted evidence, particularly regarding the appellants' relationship with the vendor. The Court ruled in favor of the appellants, emphasizing the importance of documentary evidence such as Nikahnamas, which confirmed their claim. The Court's decision underscores the legal principles of inheritance rights under the Specific Relief Act and the Contract Act, highlighting the necessity for consideration in sale-deeds. This case serves as a pivotal reference for cases involving familial inheritance disputes and the validity of property transactions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman,
Saad Saood,
Jan,
Ajmal Mian
|
| Lawyers |
Mahmood A. Qureshi, Advocate-on-Record for Appellants,
Sh. Hamid Mukhtar, Advocate Supreme Court,
Ch. Mehdi Jahangir A. Jhojha, Advocate,
Khan Mehtab, Advocate-on-Record
|
| Petitioners |
another,
Mst. SAFYYA
|
| Respondents |
6 others,
MUHAMMAD RAFIQUE
|
| Citations |
1993 SLD 307,
1993 PLD 62
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan (1973),
Contract Act (IX of 1872)
|
| Sections |
42,
70,
72,
185(3),
187(1),
25
|