| Case ID |
16b29750-fac0-408e-bd04-11dbfa359a9d |
| Body |
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| Case Number |
C.R. No. 19-D of 2017 |
| Decision Date |
Dec 08, 2017 |
| Hearing Date |
Dec 08, 2017 |
| Decision |
The Lahore High Court dismissed the revision petition filed by Ghulam Haider against the judgments of the lower courts, which had ruled in favor of Ghulam Qadir. The court found that Ghulam Haider, who claimed ownership of the property, failed to provide adequate evidence to support his assertion of a Benami transaction. The court upheld the lower courts' findings that Ghulam Qadir was the rightful owner based on the registered sale deed and other supporting documents. The court noted that the requirements to establish a Benami transaction were not met, specifically regarding the source of consideration and custody of the title deed. As a result, the court found no error in the lower courts' decisions and dismissed the revision without costs. |
| Summary |
This case revolves around a dispute between two brothers, Ghulam Haider and Ghulam Qadir, concerning the ownership of a property. Ghulam Haider claimed the property was purchased as a Benami transaction in his favor, while Ghulam Qadir argued that he was the legitimate owner based on a registered sale deed. The Lahore High Court, presided over by Justice Tariq Iftikhar Ahmad, examined the evidence presented by both parties, including testimonies and documentary proof. The court emphasized the legal requirements to prove a Benami transaction, which include the source of consideration, custody of original documents, and possession of the property. Ultimately, the court upheld the lower courts' decisions, finding that Ghulam Haider did not meet the burden of proof required to substantiate his claims. The decision highlights the complexities of property law and the importance of proper documentation in ownership disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Iftikhar Ahmad, Justice
|
| Lawyers |
Jamal Abdul Nasir,
Muhammad Asif Mehmood Pirzada
|
| Petitioners |
Ghulam Haider
|
| Respondents |
Ghulam Qadir
|
| Citations |
2019 SLD 832,
2019 CLC 770
|
| Other Citations |
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Ghulam Murtaza v. Mst. Asia Bibi and others PLD 2010 SC 569
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
115
|