| Case ID |
042631a8-11b9-43fa-8d2f-20c6ae0f08a4 |
| Body |
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| Case Number |
Civil Revisions Nos.1974, 1975 and 2217 of 2002 |
| Decision Date |
May 17, 2004 |
| Hearing Date |
May 17, 2004 |
| Decision |
The Lahore High Court allowed the Civil Revisions filed by Mst. Asia Bibi and set aside the judgments and decrees passed by the lower courts. The court ruled that the initial burden of proof rested on the respondent, Ghulam Murtaza, to establish that Mst. Asia Bibi was a Benamidar. The court found that Ghulam Murtaza failed to prove that he paid the entire consideration for the properties in question. Furthermore, the court acknowledged Mst. Asia Bibi's possession of the properties and her claims regarding her financial contributions. The court emphasized the importance of evaluating evidence and the criteria for determining Benami transactions, ultimately decreeing the suit in favor of Mst. Asia Bibi while dismissing the suits filed by Ghulam Murtaza. |
| Summary |
This case revolves around a dispute regarding property ownership between Mst. Asia Bibi and her husband, Ghulam Murtaza. The primary legal issue involved allegations of a Benami transaction under the Specific Relief Act and the Qanun-e-Shahadat. Mst. Asia Bibi claimed ownership of several properties, while Ghulam Murtaza contended that she was merely a Benamidar. The Lahore High Court, after thorough examination of evidence, held that the burden of proof lay with Ghulam Murtaza, who could not substantiate his claims. The court's decision highlighted the significance of documentation, possession, and the source of consideration in determining the nature of property transactions. The ruling not only reinforced the principles of property law but also addressed the complexities arising from marital disputes over property ownership. This case underscores the critical importance of establishing clear evidence in property disputes, especially where allegations of Benami transactions are involved. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
Mian Israr-ul-Haq,
Ch. Manzoor Elahi
|
| Petitioners |
Mst. ASIA BIBI
|
| Respondents |
GHULAM MURTAZA
|
| Citations |
2004 SLD 2006,
2004 CLC 1835
|
| Other Citations |
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
42,
117,
120,
115
|