The mortgagors were two pardanashin ladies who did not appear before the attesting witnesses, and consequently, their faces were not seen by the witnesses.
The two witnesses were however well acquainted with the voices of the ladies. Between them and the women was a chik that was not lined with cloth.
The two witnesses recognised them by their voices, and saw each of them execute the deed with their own hand, and then put their signatures on the document as attesting witnesses.
ISSUE
Whether the document was duly attested by two witnesses, as per the meaning of S.59 of TPA, 1882?
HELD
The Privy Council held that the deed was validly attested.
The acquaintance with the voice was held to be a satisfactory evidence.
Transfer of property by a pardanashin woman, when the attesting witness could not see her but hear her was held to be a valid attestation.
NOTE
Transfer of property by pardanashin woman, when the attesting witnesses could not see her but could hear her voice; the attestation was held valid