| Case ID |
5c827d7f-fca9-4470-8716-f1134b3a0918 |
| Body |
View case body. Login to View |
| Case Number |
N/A |
| Decision Date |
Mar 16, 1993 |
| Hearing Date |
Jun 05, 1991 |
| Decision |
The Lahore High Court upheld the judgment of the First Appellate Court, affirming that Mst. Nargis Khatoon is the real owner of the disputed plot and that the sale transaction was not benami. The court found that the evidence presented did not convincingly support Ameer Hussain's claims of ownership. The court noted that the respondent had invested her own funds in the company and was a shareholder, further strengthening her claim to ownership. The court dismissed Ameer Hussain's civil revision, indicating that the findings of fact established by the lower courts were sound and justified. |
| Summary |
In the case of Ameer Hussain vs. Mst. Nargis Khatoon, the Lahore High Court dealt with issues of property ownership and benami transactions. The court found that the plot in question was purchased in the name of Mst. Nargis Khatoon, who had made significant investments in the company jointly owned with the petitioner. The court highlighted the absence of compelling evidence from Ameer Hussain to support his claim of being the real owner, noting that the execution of the sale-deed and the financial transactions were adequately explained by the respondent. The judgment emphasized that possession of the vacant plot follows title, and thus Mst. Nargis Khatoon maintained her rightful claim as the owner. This case underscores the importance of clear evidence in property disputes and the legal principles surrounding benami transactions, making it a significant reference point for similar cases. Keywords: property ownership, benami transaction, Lahore High Court, legal principles, investment, shareholder rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD KHAN, J
|
| Lawyers |
Abid Hassan Minto,
Alamgir
|
| Petitioners |
Ameer Hussain
|
| Respondents |
Mst. Nargis Khatoon
|
| Citations |
1996 SLD 1509 = 1996 CLC 1588
|
| Other Citations |
PLD 1981 SC 302,
PLD 1970 Dacca 414,
PLD 1990 Lah. 229,
PLD 1955 FC 38
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| Laws Involved |
Not available
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| Sections |
Not available
|