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1987 SCMR 813

MUHAMMAD ASLAM And Another vs Mst. SARDAR BEGUM Alias NOOR NISHAN

Citation1987 SCMR 813
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No.89 of 1987
Date1987-03-10
Judge(s)Aslam Riaz Hussain, Saad Saood Jan
ResultLeave granted

SAAD SAOOD JAN, J--This is a petition for special leave to appeal from the order, dated 21-1-1987 of the Lahore High Court dismissing the revision petition filed by the petitioners in limine.

2. By a sale-deed, dated 23-1-1978 the respondent sold her share in agricultural land to the petitioners. On 17-3-1982 she filed a civil suit for possession of the said land alleging inter alia that at the time of the execution of the said sale-deed she was a minor, being 13 or 14 years of age only, and for that reason she was not competent to enter into a transaction of sale. The suit was dismissed by the trial Court but on appeal it was decreed by the learned Additional District Judge.

The petitioners revision petition before the High Court also remained unsuccessful. They now seek leave to appeal from this Court.

3. The main question for consideration in this petition is whether at the time of the execution of the sale-deed the respondent was a minor. To prove her assertion in this regard the respondent relied upon an extract from the register of births and deaths. In support of this petition it is contended that there is no evidence to link this extract with the respondent. After going through the evidence led by the parties at the trial we consider that this contention of the petitioners requires further examination. Leave to- appeal is granted to the petitioners. Security in the sum of Rs.1,000. Status quo to continue. The appeal may be made ready on the present record with permission to the parties to produce additional documents, if any.

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