665/2003 Suit Umar Islam Khan (Plaintiff) V/S Abdul Basit and others (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 23-FEB-18
Suit for Declaration and Cancellation decreed. Held that the impugned transaction/transfer in favour of Defendant No. 1 is to be struck down on three grounds. (i) Admittedly no sale price was paid by the Defendant no. 1 to plaintiffs. (ii) Even the mother could not have entered into such type of transaction, if at all it even assumed that deceased mother of plaintiffs did sign the affidavit, though no convincing evidence has been led by Defendant No. 1 with regard to this fact, and (iii) Under section 11 of Contract Act, Plaintiffs No. 2 and 3, being minors at that relevant time, could not have entered into sale transaction with Defendant No. 1, again, even if it assumed that these plaintiffs had signed the documents under challenge; such kind of transaction is held void ab initio.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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