MUHAMMAD ASLAM And Another vs Mst. SARDAR BEGUM Alias NOOR NISHAN
This matter originated as a petition for special leave to appeal against an order of the Lahore High Court, which had dismissed the petitioners' revision petition in limine. The underlying dispute arose from a civil suit filed by the respondent seeking possession of agricultural land she had previously sold to the petitioners via a sale-deed dated 23-1-1978. The respondent alleged that she was a minor at the time of the transaction, rendering her incompetent to execute the sale. While the trial court initially dismissed her suit, the Additional District Judge subsequently decreed it in her favor, a decision upheld by the High Court in revision. The core legal question before the Supreme Court was whether the respondent was indeed a minor at the time of the sale-deed's execution, specifically concerning the evidentiary value and linkage of the birth and death register extract relied upon by the respondent. Upon review, the Supreme Court found that the petitioners' contention regarding the lack of evidence linking the birth record to the respondent required further examination. Consequently, the Court granted leave to appeal and ordered the status quo to continue.
- Does an extract from a register of births and deaths constitute sufficient proof of minority without evidence linking the document to the specific individual?
- Can a sale-deed executed by a minor be set aside in a suit for possession?
- What is the standard for granting leave to appeal in a civil revision matter involving disputed questions of fact?
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.