MUHAMMAD ILYAS vs Mst. IJAZAN And Another
This matter originated as a civil suit filed by the respondents, daughters of the deceased Abdul Aziz, challenging a sale-deed executed in favour of the petitioner, who was their brother-in-law. The respondents alleged that the petitioner manipulated the sale-deed for land measuring 21 Kanals 13 Marlas without paying any consideration, exploiting his fiduciary relationship with the deceased, who was old and sick. While the trial court initially dismissed the suit, the appellate court reversed this decision, finding the sale invalid. The High Court subsequently upheld the appellate court's findings, noting the lack of proof regarding the payment of consideration and the suspicious timing of the transaction shortly before the deceased's death. The petitioner sought leave to appeal to the Supreme Court. The Supreme Court dismissed the petition, holding that the concurrent findings of the lower courts regarding the failure to prove the sale and the payment of consideration were sound. The Court emphasized the lack of a plausible reason for the deceased to disinherit his daughters in favour of the petitioner.
- Can a sale-deed be set aside if the petitioner fails to prove the payment of consideration?
- Does a fiduciary relationship between the parties affect the burden of proof regarding the validity of a sale-deed?
- Will the Supreme Court interfere with concurrent findings of fact by lower courts regarding the validity of a property transaction?
ORDER
ABDUL SHAKURUL SALAM, J.---The respondents filed a suit that their father Abdul Aziz was living with the petitioner alongwith his daughter married with the latter at Karachi. He was an old sick man. Petitioner misusing his fiduciary relationship as his son-in-law manipulated a sale-deed in his own favour in respect of land measuring 21 Kanals 13 Marlas in Chak No.16/9-R. Tehsil and District Khanewal without paying any consideration. The suit was dismissed by the learned Civil Judge, Khanewal vide judgment and decree dated 1-12-1987. However, they succeeded on appeal beforethe learned Additional District Judge, Khanewal vide judgment and decree dated 12-7-1988.
The petitioner filed a revision petition. Learned Judge of the High Court went over the evidence and upheld the findings of the learned appellate Court that there was no valid sale-deed in favour of the petitioner. No consideration had been paid. The learned Judge of the High, Court also observed that the deceased had died in a month or so after the so-called sale. He dismissed the revision petition on 14-9-1988. The petitioner seeks leave to appeal.
2. The two Courts below found that the petitioner has failed to prove the sale and payment of consideration and consequently decreed the suit of the respondents---daughters of the deceased Abdul Aziz. No good ground has been shown that why the deceased would deprive the respondents--two daughters, of the land and give it away to the husband of one, the petitioner.
There is no merit in this petition. It is, accordingly, dismissed.
Cited by 2 cases
- Mst. Kaneeza Bibi and 4 Others vs Sabir Hussain and 3 Others 2022 LHC 7967
- Mst. Kaneeza Bibi and 4 others vs Sabir Hussain and 3 others 2023 PLD Lahore 380