| Case ID |
0f8847ed-89f3-416e-8081-5af45df147ac |
| Body |
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| Case Number |
R.F.A. No. 199 of 2015 |
| Decision Date |
Jul 01, 2019 |
| Hearing Date |
Jun 27, 2019 |
| Decision |
The Islamabad High Court allowed the appeal and set aside the judgment and preliminary decree dated 29-10-2015 passed by the Civil Court. The suit for declaration, partition, and mandatory and permanent injunction instituted by the plaintiffs was dismissed. The court found that the burden of proving that the sale was a benami transaction rested on the party asserting it, and the plaintiffs failed to provide sufficient evidence to support their claim that the property was purchased with funds from their father, Noor Muhammad. The court emphasized the need for clear evidence and adherence to legal standards in proving benami transactions. |
| Summary |
In the case of R.F.A. No. 199 of 2015, the Islamabad High Court dealt with a dispute over property ownership involving allegations of a benami transaction. The plaintiffs, MST. TAHIRA NOOR and others, claimed that the property was bought under the name of their half-brother, SHAHID HUMAYUN, while their father, Noor Muhammad, was the real owner. The court analyzed the requirements for proving a benami transaction, which include the source of the purchase money, possession of the property, and the relationship between the parties. The court found that the plaintiffs did not provide adequate evidence to support their claims and ultimately dismissed their suit. This case underscores the importance of clear documentation and the burden of proof in property disputes, especially those involving claims of benami ownership. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
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| Judges |
MIANGUL HASSAN AURANGZEB, JUSTICE
|
| Lawyers |
Shaukat Rauf for Appellants,
Ms. Shahina Shahab-ud-Din for Respondents Nos.1 and 2,
Rizwan Shabbir Kayani for Respondent No.3
|
| Petitioners |
MST. TAHIRA NOOR AND OTHERS
|
| Respondents |
SHAHID HUMAYUN AND OTHERS
|
| Citations |
2020 SLD 2560 = 2020 CLC 427
|
| Other Citations |
Chuttal Khan Chachar v. Mst. Shahid Rani and another 2009 CLC 324,
Ghulam Murtaza v. Asia Bibi PLD 2010 SC 569,
Bilqees Begum v. Registrar of Properties and another PLD 2006 Kar. 617,
Mst. Alim Jan v. Sahib Jan 2014 YLR 385,
Kaleem Hyder Zaidi v. Mehmooda Begum 2006 YLR 599,
Muhammad Arif v. Haji Waheed-ul-Haq 2017 YLR 224,
Ch. Ghulam Rasool v. Mrs. Nusrat Rasool PLD 2008 SC 146,
Zardullah Khan v. Mst. Ruqiyya Hanif Maniar 2014 YLR 1840,
Wali Bhai through General Attorney v. District Judge, Hyderabad 2015 YLR 1714,
Messrs Nagina Cotton Mills Ltd. v. Asif Dinnar 2013 YLR 839,
Abdul Majeed v. Amir Muhammad 2005 SCMR 577,
S.Abid Ali v. Syed Inayat Ali 2010 CLC 1633,
Hameeda Begum v. Farzand Ali 2002 YLR 1311,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Province of the Punjab through Secretary Irrigation and Power Department P.W.D. v. Ch. Mehraj Din Co. 2003 CLC 504,
Muhammad Hussain v. Khushi Muhammad 2003 CLC 478,
Syed Habib Mehmood v. Mst. Bilqees Fatima 1997 MLD 390,
Sher Muhammad v. Muhammad Sharif PLD 1946 Lah. 117,
S. Iqbal Ahmad through Legal Heirs v. Jawaid Iqbal 2011 CLC 29,
Akram Moquim Ansari v. Mst. Asghari Begum PLD 1971 Kar. 763,
Iqbal Ahmed Turabi v. The State PLD 2004 SC 830,
Walayat Bibi alias Rani v. Liaqat Ali alias Fayaz Ahmad 2006 YLR 2466,
Kamran Ahmed v. The State 2006 YLR 2470,
Mst. Sabira Begum v. Hakim Muhammad Akhtar 1993 MLD 955
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| Laws Involved |
Not available
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| Sections |
Not available
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