Mst. NASEEM AKHTAR vs ABDUL AZIZ And Another
This matter concerns a petition for leave to appeal filed by Mst. Naseem Akhtar against the judgment of the Peshawar High Court, which dismissed her suit for a declaration and possession of land. The petitioner had originally received 3 Kanals 8 Marlas of land from her husband, Abdul Aziz, in lieu of dower. Following the dissolution of their marriage, the petitioner allegedly executed a sale deed transferring the land back to the respondent. The petitioner challenged this transaction, alleging fraud and collusion, and initially succeeded in the trial court. However, the appellate court and the High Court subsequently dismissed her suit. The Supreme Court granted leave to appeal to determine whether the principles established in Ghulam Ali v. Mst. Ghulam Sarwar Naqvi (PLD 1990 SC 1) were correctly applied by the lower courts. Furthermore, the Court seeks to examine the legal effect of specific conditions contained within the divorce deed dated 30-6-1976 regarding the transfer of property between the parties. The appeal is to proceed on the existing record, with parties permitted to file necessary documents.
- Whether the principles laid down in Ghulam Ali v. Mst. Ghulam Sarwar Naqvi (PLD 1990 SC 1) were correctly followed by the lower courts?
- What is the legal effect of a condition contained in a divorce deed regarding the transfer of property between former spouses?
ORDER
RUSTAM S. SIDHWA J.---This is a petition filed by Mst. Naseem Akhtar, petitioner, seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench at Abbottabad dated 25- 3-1989.
2. On 5-10-1972 Mst. Naseem Akhtar was transferred 3 Kanals 8 Marlas of land in Village Gandah vide Mutation No.788 by her husband Abdul Aziz in lieu of her prompt dower. On 30-6-1976 the marriage was dissolved. On 25-4-1977 the petitioner is alleged to have executed a sale-deed transferring the above land back to Abdul Aziz respondent. It is the case of the petitioner that the said sale and Mutation No.872 dated 14-6-1978 in respect thereof were based on fraud and collusion and she sought a declaration to that effect, together with a prayer for cancellation of the 5ale-deed and mutation and for possession of the property by way of consequential relief. The suit was decreed in favour of the petitioner, but the appellate Court and the High Court dismissed her suit.
3. We have heard the arguments of the learned counsel for the petitioner. We grant leave to appeal to consider whether the principle laid down by this Court in Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 was followed and what is the effect of the condition contained in the divorce deed dated 30-6-1976 regarding the transfer of the property by the petitioner to the respondent. The petitioner shall furnish security in the sum of Rs.2,500. The appeal shall be heard on the basis of the present record. The parties are at liberty to file such documents as they consider necessary and proper for the full and final disposal of the appeal.