| Case ID |
16a7c865-823f-4074-8804-94ad437294fb |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 65 |
| Decision Date |
Jun 24, 1971 |
| Hearing Date |
Jun 24, 1971 |
| Decision |
The petition was dismissed. The court found that the respondents brought a suit challenging a mutation entry on grounds of fraud. They argued that one respondent, Mst. Hanifan Bibi, being deaf and dumb, could not consent to the sale. The court ruled that as there was no evidence of unsound mind, the provisions of Order XXXII did not apply. The allegations of fraud were also not sufficiently proven to warrant a reversal of the earlier decisions. The concurrent findings of the lower courts were upheld, confirming the respondents as the rightful owners of the disputed land. |
| Summary |
In the case of Civil Petition for Special Leave to Appeal No. 65 of 1971, the Supreme Court of Pakistan addressed a dispute involving allegations of fraud in a land transaction. The petitioners challenged a mutation entry, claiming that one of the respondents, Mst. Hanifan Bibi, who is deaf and dumb, was unable to consent to the sale. The court emphasized that the provisions of the Civil Procedure Code regarding the necessity of a next friend do not apply unless the individual is also of unsound mind, which was not established in this case. The court noted that the respondents had presented evidence of fraud, asserting that the mutation was obtained in collusion with Revenue staff. Ultimately, the court upheld the findings of the lower courts that the respondents were the rightful owners, and the petition was dismissed. Legal practitioners involved included Muhammad Abdul Wahid and Sh. Abdul Karim, representing the petitioners. This case highlights the importance of consent in property transactions and clarifies the legal standing of individuals with disabilities in civil proceedings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMED,
SALAHUDDIN AHMED
|
| Lawyers |
Muhammad Abdul Wahid,
Sh. Abdul Karim
|
| Petitioners |
others,
BARKAT ALI
|
| Respondents |
2 others,
Mst. FAZAL BIBI
|
| Citations |
1971 SLD 303,
1971 SCMR 548
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XXXII, r. 15
|