| Case ID |
2ea5f0af-2507-4829-a35b-0df6d9d80699 |
| Body |
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| Case Number |
Civil Appeal No.952 of 2010 |
| Decision Date |
Apr 21, 2011 |
| Hearing Date |
Apr 21, 2011 |
| Decision |
The appeal was allowed, and the judgment and decree passed by the learned Division Bench of the Peshawar High Court, Abbottabad Bench on 25-8-2010 were set aside. The judgment and decree passed by the learned Civil Judge-I, Abbottabad on 30-3-2010 were restored. The Court found that the learned Division Bench had misread the relevant record and failed to appreciate the evidence regarding the Benami nature of the transaction. The evidence supported the appellant's claim that the property was purchased in the name of respondent No. 1 to avoid taxes, and that the appellant's husband was the actual owner. Consequently, the court ruled in favor of the appellant, restoring the original trial court's decision. |
| Summary |
This case revolves around the concept of Benami transactions, where the actual ownership of property is concealed under another person's name. The Supreme Court of Pakistan analyzed the evidence presented regarding the ownership of Bungalow No. 423 in Jinnahabad Township, Abbottabad. The appellant, Mst. Asia Bibi, claimed that the bungalow was purchased by her husband, Haji Momin Khan, and registered in the name of their son, Dr. Asif Ali Khan, solely to avoid taxation. The court observed that the original trial court had dismissed the suit filed by Dr. Asif Ali Khan, establishing him as the exclusive owner of the property. However, the Division Bench of the Peshawar High Court overturned this decision. Upon review, the Supreme Court found that the facts and evidence were not correctly applied by the Division Bench, particularly regarding the source of funds and possession of the property. The case highlights the legal implications of Benami transactions in Pakistan and the necessary factors for determining the true ownership of property. The decision serves as a landmark ruling in understanding the scope and application of Benami laws, emphasizing the importance of proper evidence in property disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
RAJA FAYYAZ AHMED,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Zulfiqar Khalid Maluka,
Abdul Latif Khan,
M. Munir Paracha
|
| Petitioners |
Mst. ASIA BIBI
|
| Respondents |
,
Dr. ASIF ALI KHAN,
Niaz Ali Khan,
Ijaz Ali Khan
|
| Citations |
2011 SLD 1403,
2011 PLD 829
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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