| Case ID |
3cae4ad8-7d46-47e9-9732-2e766dbb5144 |
| Body |
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| Case Number |
E.F.A. No.55 of 2003 |
| Decision Date |
Jun 29, 2005 |
| Hearing Date |
Jun 29, 2005 |
| Decision |
The Lahore High Court dismissed the appeal regarding the execution of a money decree concerning a disputed vehicle. The court found that the vehicle had been purchased by the deceased debtor, Rana Ikram, for his own use but registered in his daughter's name as part of a benami transaction. The court upheld the lower court's decision that declared the transaction as benami, emphasizing that the evidence presented did not substantiate the claim of ownership by the daughter. The court noted that the deceased had written letters indicating his desire to purchase the vehicle for personal use but requested its transfer to his daughter's name. The court found no merit in the appeal and maintained the execution order for the satisfaction of the decree. |
| Summary |
In the case of E.F.A. No.55 of 2003, the Lahore High Court addressed a dispute involving a money decree concerning a vehicle purchased under questionable ownership claims. The case revolved around the interpretation of the Financial Institutions (Recovery of Finances) Ordinance, specifically Section 19, which deals with the execution of money decrees. The appellants, representing the deceased debtor's daughter, claimed ownership of a Toyota Corolla purchased by her father. However, the court determined that the transaction was a benami arrangement, where the true owner was found to be the deceased debtor, Rana Ikram. The court's analysis highlighted the lack of evidence supporting the daughter's ownership and emphasized the implications of benami transactions in financial dealings. This case underscores the importance of clarity in ownership claims and the legal principles governing financial transactions, making it a significant reference in future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
BANK OF PUNJAB,
Punjab Modaraba Services (Pvt.) Limited
|
| Judges |
CH. IJAZ AHMAD,
MUHAMMAD KHALID ALVI
|
| Lawyers |
Ali Sibtain Fazli,
Abid Hussain Chatha
|
| Petitioners |
5 others,
RABIA IKRAM
|
| Respondents |
BANK OF PUNJAB
|
| Citations |
2005 SLD 1784,
2005 CLD 1760
|
| Other Citations |
Jane Margrete Willian v. Abdul Hamid Mian 1994 CLC 1437,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001)
|
| Sections |
19
|