Mst. BATOOL BEGUM vs MUHAMMAD YOUNAS KHAN
This matter arises from a petition for leave to appeal filed by a defendant against the dismissal of her Regular Second Appeal by the High Court, which had affirmed the concurrent findings of the lower courts in a suit for specific performance of an alleged contract of sale brought against her. The core legal question raised pertains to whether the petitioner, being a Parda Nasheen lady, was entitled to the special protections and benefits afforded to Parda Nasheen women regarding the contested transaction. Upon reviewing the relevant evidence, the Supreme Court found prima facie support for her status as a Parda Nasheen lady. Consequently, the Court granted leave to appeal, suspended the impugned decree in the interim, directed the preparation of the appeal on the existing record with liberty to file essential documents, and permitted the substitution of legal representatives of the deceased party.
- Whether the protections and benefits applicable to a Parda Nasheen lady can be extended in a suit for specific performance of a contract of sale?
- Under what circumstances will leave to appeal be granted against the dismissal of a Regular Second Appeal concerning a contract of sale?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought by a defendant; against the dismissal by the High Court of a Regular Second Appeal. It had arisen out of her failure before the learned two Courts below in a suit filed by the respondent side for specific performance of an alleged contract of sale, said to have been entered into by the petitioner.
2. After hearing both the learned counsel we feel satisfied that the questions raised before the High Court and also raised in this petition including the one; whether, all benefits on account of the petitioner being a `Parda Nasheen' lady could not be allowed to her. Prima facie, after reading the relevant part of the evidence it appears that she in fact was a `Parda Nasheen' lady.
3. Leave to appeal, accordingly, is granted.
4. Security Rs.5,000.
5. The impugned decree, in the meanwhile is suspended. The appeal shall be prepared on the present record with direction to the parties to file all essential documents.
6. Legal representatives of the concerned deceased party, on the oral request of the learned counsel (which has been allowed) shall be brought on record.