| Case ID |
0c04b352-d51d-4f61-8083-9870571b7a0c |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.421 of 1994 |
| Decision Date |
Feb 13, 1995 |
| Hearing Date |
Feb 13, 1995 |
| Decision |
The Supreme Court of Pakistan, after thoroughly examining the evidence and arguments presented by both parties, upheld the lower courts' findings that the appellant, Mrs. Kishwar Malik, was only a benamidar of the disputed property, and that the respondent, Lt. Col. M. Sadio Malik, was the true owner. The Court found no misreading or misappreciation of the evidence by the lower courts and affirmed the dismissal of the appeal. Consequently, each party was ordered to bear their own costs. The Court concluded that the transaction in question was a benami one and that the Civil Court had proper jurisdiction to declare the ownership of the property under the applicable laws. |
| Summary |
In the landmark case of Civil Appeal No.421 of 1994, adjudicated by the Supreme Court of Pakistan on 13th February 1995, the Court addressed critical issues surrounding benami transactions and property ownership. The petitioner, Mrs. Kishwar Malik, contested the findings of lower courts which declared her a benamidar of the disputed bungalow, asserting that she was the true owner. However, the Court meticulously evaluated the evidence, including ownership documents, financial transactions, and the origins of the property funds. It was established that all property-related transactions were conducted in the name of the respondent, Lt. Col. M. Sadio Malik, and that Mrs. Kishwar Malik lacked an independent source of income to justify her ownership claims. The application of relevant laws such as the Civil Procedure Code, Specific Relief Act, Constitution of Pakistan, and the Capital Development Authority Ordinance played a pivotal role in the Court's decision. The Supreme Court reaffirmed the jurisdiction of Civil Courts in matters of civil rights and property disputes, dismissing the appeal and upholding the status quo. This case underscores the judiciary's stance on benami transactions and reinforces legal precedents related to property ownership and the responsibilities of parties involved. Trending legal keywords such as 'benami transactions', 'property ownership', 'Civil Court jurisdiction', and 'Supreme Court rulings' are central to understanding the implications of this decision. The judgment not only clarifies the legal stance on benamidar relationships but also emphasizes the importance of proper documentation and the rightful ownership of property assets. Legal professionals and stakeholders in property law can leverage the insights from this case to navigate similar disputes, ensuring compliance with established legal frameworks and safeguarding their property rights effectively. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Capital Development Authority,
Mercantile Cooperative Bank
|
| Judges |
Sajjad Ali Shah,
Fazal Ilahi Khan,
Muhammad Munir Khan
|
| Lawyers |
Bashir Ahmad Ansari,
M. Bilal,
Ejaz Muhammad Khan,
Mirza Anwar Baig,
Ch. Akhtar Ali
|
| Petitioners |
Mrs. Kishwar Malik
|
| Respondents |
Lt. Col. M. Sadio Malik
|
| Citations |
1995 SLD 758,
1995 PLD 457
|
| Other Citations |
Kanwal Nain and 3 others v. Fatch Khan PLD 1983 SC 53,
Haji Muhammad Zaman v. Zafar Ali Khan PLD 1986 SC 88,
Guldar Khan v. Isa Khan and others 1993 SCMR 2099,
Muhib Ullah Khan v. Sadiq Khan 1986 SCMR 270,
Shah Gul and others v. Mst. Shamim Akhtar and others 1990 SCMR 110
|
| Laws Involved |
Civil Procedure Code, V of 1908,
Specific Relief Act, I of 1877,
Constitution of Pakistan, 1973,
Capital Development Authority Ordinance, XXIII of 1960
|
| Sections |
S.115,
S.9,
S.42,
Art.185(3),
S.49-E
|