Case ID |
3820029b-dcc7-45e9-9de8-446e8b2cb75b |
Body |
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Case Number |
Civil Petition No. 226-L of 2005 |
Decision Date |
Jul 22, 2009 |
Hearing Date |
Jul 22, 2009 |
Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the judgment of the Lahore High Court. The High Court's decision to accept the revision petition filed by the respondent was upheld, as the petitioners failed to provide substantial evidence to support their claims regarding the sale deed. The Court emphasized the heavy burden of proof on the defendants, which they failed to meet. The judgment was well-reasoned, with no misreading of evidence, and no grounds for interference by the Supreme Court were found. |
Summary |
In the case of Sultan Ahmad vs. Muhammad Yousuf, the Supreme Court of Pakistan addressed a civil petition concerning a sale deed challenged by an illiterate Pardanashin woman. The Court highlighted the importance of credible evidence, the necessity of at least two witnesses to validate the transaction under the Qanun-e-Shahadat, and the failure of the defendants to discharge their burden of proof. The case underscores the significance of protecting vulnerable individuals in property transactions and ensuring that legal processes adhere to established evidentiary standards. The ruling reinforces the principles of justice and fairness in civil proceedings. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MIAN HAMID FAROOQ,
SYED SAKHI HUSSAIN BUKHARI
|
Lawyers |
Hassan Ahmad Khan Kanwar, Advocate Supreme Court,
Mahmudul Islam, Advocate-on-Record
|
Petitioners |
SULTAN AHMAD (decd) through L.Rs.
|
Respondents |
MUHAMMAD YOUSUF
|
Citations |
2011 SLD 2064,
2011 SCMR 621
|
Other Citations |
Not available
|
Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan
|
Sections |
42,
17,
79,
185(3)
|