' ALI AKBAR QURESHI, J.--- This civil revision is directed against the judgments and decrees dated 06.10.2003 and 27.03.2001, passed by the learned Courts below, whereby the suit for declaration filed by the respondent/plaintiff namely Mst. Azizan Bibi, was decreed.
2. Necessary facts for the disposal of this civil revision are, that the respondent/plaintiff/Mst. Azizan Bibi, who is blind by birth, filed a suit for declaration contending therein, that she obtained the suit land measuring 19 kanal 04 marlas, through inheritance out of the legacy of her deceased father; that the suit property was cultivated by the Sakhawat Ali/defendant with her consent, who was real brother of the respondent/plaintiff, that when the petitioners/defendants stopped to pay the share of produce to the respondent/plaintiff, the respondent/plaintiff who is dependent upon others being blind by birth, when inquired, it came into her knowledge that the defendant Sakhawat Ali (predecessor of the petitioners) by playing fraud and misrepresentation alienated the suit land in his favour by virtue of mutation of exchange No.1872, dated 04.06.1994, with the connivance of the revenue staff, that the respondent/plaintiff neither executed any mutation of exchange in favour of the defendant/Sakhawat Ali nor appeared before any revenue officer, therefore, all the proceedings of mutation of exchange are bogus and result of fraud; that the petitioner/defendant by way of alleged mutation has given land measuring 02 kanals in exchange of land measuring 19 kanals 04 marlas, which is otherwise inadequate and lastly prayed that the exchange mutation and other revenue proceedings be declared illegal, unlawful and without lawful authority.
' The defendants/petitioners appeared in response of the notices, issued by the learned trial court, filed written statement, wherein the defendants contended, that in fact the respondent/plaintiff sold the suit ' land but in order to defeat the right of pre-emption it was coloured as Exchange.
' The learned trial Court out of the controversial pleadings of the parties framed the necessary issues, recorded the evidence of the parties and finally decreed the suit vide judgment and decree dated 27.03.2011. The petitioners/defendants being aggrieved of the judgment and decree of the learned trial. Court, filed an appeal which too was dismissed by the learned appellate court vide judgment dated 06.10.2003. Hence, this civil revision.
3. Arguments heard. Record perused.
4. The record available on the file was scanned and examined with the assistance of learned counsel for the petitioners, from where it is found that it is not denied by the petitioners that the respondent/plaintiff is his real sister, who is blind by birth and inherited the suit property out of the legacy of her deceased father, the defendant Sakhawat Ali (predecessor of the petitioners) through the alleged exchange given land measuring 02 kanals in place of 19 kanals 04 marlas of the same category, the respondent/ plaintiff is an illiterate and ignorant lady and at the time of executing the alleged mutation of exchange nobody out of the A family members of the blind lady/respondent was there not only to identify her but also to look after her affairs.
6.(sic) It is sufficient to prove the factum of fraud committed by defendant/Sakhawat Ali with the respondent/plaintiff/Mst. Azizan Bibi, who is his real sister, that a piece of land measuring 19 kanals 04 marlas is being exchanged with 02 kanals, meaning thereby the real brother gave land measuring 02 kanals and got 19 kanals & 04 marlas. This is in fact not only a fraud but also an example of greediness, which in fact compelled defendant/Sakhawat Ali to commit a fraud with his real sister, who is blind.
7. The Hon'ble Supreme Court of Pakistan has already dealt with these type of the propositions in the following esteemed judgments titled Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi (PLD 1990 Supreme Court 1), wherein the Hon'ble Supreme Court of Pakistan has observed, that the women, who are weaker segment of the society, should not be deprived from their right of inheritance in the name of customs or by emotionally exploiting them. The relevant portion is reproduced as under: "As is discussed in the case of Haji Nizam (approved in Mohammad Bashir's case) which was also a case of clash of Islamic principles against those of other systems-a widowed daughter-in-law, seeking maintenance for her minor child against the grandfather, it is the duty of the Courts within the permissible fields, as specified therein, to enforce Islamic law . And principles. This case also required similar, if not better, treatment. The scope of rights of inheritance of females (daughter in this case) is so wide and their thrust so strong that it is the duty of the Courts to protect and enforce them, evert if the legislative action for this purpose of protection in accordance with Islamic Jurisprudence, is yet to take its own time.
' In the rural areas where 80% of the female population resides, the inheritance rights of the females are not as protected and enforced, as Islam requires. Cases similar to this do come up even to Supreme Court. In a very large majority of them the Courts act rightly and follow the correct rules. But it is a wide guess as to how many females take the courage of initiation or continuing the legal battle with their close one in matters of inheritance, when they are being deprived. The percentage is very low indeed. Neither the Courts nor the law as at present it stands interpreted, are to be blamed. The social organizations including those in the legal field are yet to show up in the rural area. They are mostly managed by Urban volunteers. When will they be able to move out of mostly managed by Urban volunteers. When will they be able to move out of sophisticated methods of American speech/seminar system and all that goes with it, in the enlightened urban society? It is a pity that while an ubranised brother, who is labourer in a neighbouring Mill, has the protection of such mass of Labour Laws; which sometimes even Courts find it difficult properly to count-right from the definition of 'rights', up to the enforcement' even in homes, through 'Social Security' Laws, with web of network of 'Inspectorates' etc. Who are supposed to be helping him at every step, his unfortunate sister, who is deprived of her most valuable rights of inheritance even today by her own kith and kin --sometimes by the urbanized brother himself is not even cognizant of all this. She is not being educated enough about her rights. Nearly four decades have passed. A new set up is needed in this behalf. Social Organizations run by women have not succeeded in rural field. They may continue for the urban areas where their utility might also be improved and upgraded. At the same time they need to be equipped with more vigorous training in the field of Islamic learning and teachings. They should provide the bulk of research in Islamic Law and principles dealing with women. It is not the reinterpretation alone which is the need of the day but a genuine effort by them for the reconstruction of the Islamic concepts in this field. It cannot be achieved by the use of alien manner or method alone."
' Secondly, the respondent/plaintiff, who is not only an illiterate lady but also blind by birth and at the time of exchange and entering of the alleged mutation of exchange, no male member of her family was present there to identify her, to witness the exchange and entering of the disputed mutation. To resolve this controversy, the reliance is placed on Mian Allah Ditta through L.Rs. v. Mst.
Sakina Bibi (2013 SCM R 868), wherein the Hon'ble Supreme Court of Pakistan has ruled, that the legal protection provided to the Parda Nasheen lady is also available to an illiterate lady. The relevant esteemed paragraph is reproduced as under: "6. ....The contention that the general power of attorney was given by the respondent/plaintiff not to a stranger but to her own son-in-law and that she was not a 'Pardanasheen Lady' for which the courts of law have provided protection is not tenable in the facts and circumstances of the instant case, first, because it is in evidence that the relations between the two were too strained on account of the discord between him and her daughter and in the normal course of events she could not have reposed that kind of trust; second, the protection provided to them in law is on account of the fact that they invariably are helpless, weak and vulnerable. The said consideration would equally be attracted to an illiterate lady particularly when she was placed in circumstances which made her vulnerable to deceit misrepresentation."
8 In view of the law laid down by the Hon'ble Supreme Court of Pakistan, which is squarely applicable on the facts of the instant case, this civil revision is dismissed with cost of Rs.25,000/- which shall be paid to the respondent/plaintiff Mst. Azizan Bibi.