| Case ID |
238fef19-23d0-4480-bbb0-8808275817a7 |
| Body |
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| Case Number |
Regular First Appeal No. 2 of 1989 |
| Decision Date |
Aug 23, 1992 |
| Hearing Date |
Jun 10, 1992 |
| Decision |
The Lahore High Court ruled that the plaintiff, Abdul Hamid Mian, was the absolute owner of the properties in question, having established that the defendant, Jane Margrete William, was merely a benamidar. The court emphasized the importance of the source of consideration in determining the nature of benami transactions. The plaintiff successfully proved that he had provided all financial resources for the acquisition and construction of the properties. The court dismissed the defendant's claims to ownership and granted the plaintiff a decree for possession of the properties. |
| Summary |
This case centers on the ownership of two properties in Lahore, Pakistan, purchased during the marriage of the parties involved. The plaintiff, Abdul Hamid Mian, claimed that the properties were bought with his own funds, while the defendant, Jane Margrete William, asserted her ownership based on the properties being registered in her name. The case addresses key legal concepts such as benami transactions, burden of proof, and the intentions behind property ownership. The court found that the plaintiff had provided the funds for the properties and that the defendant was merely holding the title as a benamidar. This decision underscores the legal principles surrounding property ownership in Pakistan, particularly in cases involving foreign nationals and marital relationships. The ruling highlights the need for clarity in financial transactions and the importance of documentation in establishing true ownership. Keywords include 'benami transaction', 'property ownership', 'Lahore High Court', and 'legal principles in Pakistan'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
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| Judges |
FAZAL KARIM, J
|
| Lawyers |
Syed Jamshed Ali Shah,
S. Birgees Nagi,
Abdul Majid Sheikh
|
| Petitioners |
JANE MARGRETE WILLIAM
|
| Respondents |
ABDUL HAMID MIAN
|
| Citations |
1994 SLD 1398 = 1994 CLC 1437
|
| Other Citations |
Sres Meenakshi Mills Ltd., Maduraj v. Commissioner of Income-tax, Madras AIR 1957 SC 149,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Controller of Estate Duty v. Aloke Mitra AIR 1981 SC 102,
Ismail Dada Soomar v. Shorat Banoo PLD 1960 Kar. 852,
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Imtiaz Ahmad v. Ahmad Ali PLD 1963 SC 382
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| Laws Involved |
Not available
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| Sections |
Not available
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