Mst. ALLAH JOWAI vs WALI DAD And Another
This matter concerns a petition for leave to appeal arising from a civil dispute over the validity of a sale-deed involving agricultural land. The petitioner, Mst. Allah Jowai, challenged the sale-deed in the trial court, alleging that the respondents, Wali Dad and another, obtained the document through fraud and misrepresentation. A central legal question emerged regarding whether the petitioner had the benefit of independent advice at the time of the sale's registration. The trial court, the appellate court, and the High Court all dismissed the petitioner's claims, concluding that she had received independent advice because her son, Khizar Hayat, was present during the registration process. Upon review, the Supreme Court noted that the petitioner contended her son was the son-in-law of the respondent, a crucial fact that had not been adequately considered by the lower courts in determining the independence of the advice provided. Consequently, the Supreme Court granted leave to appeal to examine whether, given the familial relationship between the petitioner's son and the respondent, the petitioner truly had access to independent advice during the transaction.
- Does the presence of a family member during the registration of a sale-deed constitute independent advice if that family member has a conflict of interest?
- Is the determination of whether a party received independent advice a question of fact that requires consideration of all surrounding circumstances?
ORDER
MUHAMMAD ILYAS, J.---Dispute involved in the suit giving rise to this petition relating to the sale of certain land alleged to have been made by the petitioner, Mst. Allah Jowai by means of a sale- deed. In the suit, it was alleged by her that the respondents, Wali Dad and another had manipulated the sale-deed by fraud and misrepresentation. Thus, a question arose before the Civil Judge, who heard the suit, as to whether she had the benefit of independent advice at the the of sale. View taken by the learned trial Court was that she was assisted by her son. Khizar Hayat at the the of the registration of the sale-deed and as such independent advice was available to her. The suit was dismissed by the learned trial Court. The petitioner then went in appeal before an Additional District Judge but the same was also dismissed. Ultimately, she filed a revision petition before the Lahore High Court, Multan Bench, but that to was dismissed by a Single Judge thereof.
Hence this petition for leave to appeal.
2. It was contended by learned counsel for the petitioner that independent advice was not available to the petitioner at the the of the registration of the sale-deed because her son Khizar Hayat is son-in-law of respondent No. 1, Wali Dad. This aspect of the matter was not considered by the learned Judge in Chamber. We will, therefore, like to examine whether, in the circumstances of the present case, independent advice was available to the petitioner at the the of registration of the sale-deed in dispute.
3. This petition is, therefore, accepted and leave to appeal is allowed to the petitioner.