| Case ID |
428e21e8-6d0e-4c95-8532-2408dc4758cc |
| Body |
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| Case Number |
C.R. No. 3765 of 2014 |
| Decision Date |
Dec 22, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitioner's claim regarding the benami transaction. The court found that the petitioner failed to prove the agreement necessary to establish a benami transaction, which requires an express or implied agreement between the ostensible owner and the purchaser. The petitioner could not demonstrate any specific motive for the transfer of the suit property to the defendant, and the court ruled that the discretionary jurisdiction under Section 42 of the Specific Relief Act could not be exercised in favor of the plaintiff due to the potential for illegal gains. The court upheld the lower court's decision, emphasizing that the plaintiff, being a government employee, could not validly claim ownership of the property under the circumstances presented. |
| Summary |
In the case of C.R. No. 3765 of 2014 decided on December 22, 2014, by the Lahore High Court, the court addressed issues surrounding a benami transaction under the Specific Relief Act, 1877. The petitioner, a government employee, claimed that a property was transferred to the defendant in his name due to personal reasons, asserting that the sale-deed was executed in the defendant's name to protect against potential corruption allegations. However, the court found the petitioner's argument unconvincing as he could not provide sufficient evidence of an agreement between him and the ostensible owner and failed to establish a valid motive for the benami transaction. The ruling emphasized the importance of transparency in property transactions and the legal implications of benami transactions, particularly for public servants. The decision ultimately reinforced the legal standards for proving benami transactions, aligning with precedents set in prior cases. This case serves as a significant reference for understanding the complexities of property law and the legal framework governing benami transactions in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID WAHEED, JUSTICE,
MUHAMMAD ARIF
|
| Lawyers |
Javed Mahmood Sindhu
|
| Petitioners |
Javed Mahmood Sindhu
|
| Respondents |
HAJI WAHEEDULHAQ
|
| Citations |
2017 SLD 406,
2017 YLR 224
|
| Other Citations |
Ch.Ghulam Rasool v. Mrs. Nusrat Rasool and 4 others PLD 2008 SC 146
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|