| Case ID |
735f6d3a-1caa-4c2e-8324-71d40063b1e8 |
| Body |
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| Case Number |
First Civil Appeal No.7 of 1982 |
| Decision Date |
Apr 06, 2001 |
| Hearing Date |
Feb 19, 2001 |
| Decision |
The appeal was allowed, and the judgment and decree passed by the learned Senior Civil Judge and affirmed in appeal were set aside. The court stated that the appellant, Qurib Ali, had successfully proved his case through oral and documentary evidence, establishing that he was the real owner of the land in question. The court directed the trial court to ascertain the mesne profits by appointing a Commissioner and pass a final decree in accordance with the law. The court emphasized that documentary evidence is not invariably essential to support a finding for the Benami character of a transaction, and the motive for the transaction was proven, particularly given that Qurib Ali was issueless at the time of the transaction. |
| Summary |
In the case of Qurib Ali alias Muhammad Qabil vs. Dr. Shah Nawaz and others, the Sindh High Court dealt with the complexities surrounding Benami transactions, particularly in the context of government servants purchasing property. The case revolved around Qurib Ali, who was employed in government service and had purchased land in his brother's name due to restrictions on government employees buying property directly. The court examined the evidential requirements for establishing the Benami nature of a transaction, which included the source of consideration, possession of property, and the motive behind the transaction. The court ultimately ruled in favor of Qurib Ali, emphasizing that oral testimony and supporting documents were sufficient to prove his ownership. This case is significant in the realm of property law and Benami transactions, providing clarity on the evidential standards required in such cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAWWAR HUSSAIN, JAFFERY, J
|
| Lawyers |
Qadir Bux Memon,
Zaheer Hassan,
Ahmed Ali Shahani
|
| Petitioners |
QURIB ALI alias MUHAMMAD QABIL
|
| Respondents |
Dr. SHAH NAWAZ and others
|
| Citations |
2001 SLD 2579,
2001 CLC 1599
|
| Other Citations |
Maj. (Retd.) Mazhar Mahmood Khan v. Khushal Khan Jadoon 1995 MLD 316,
Syed Habib Mehmood v. Mrs. Bilqees Fatima 1997 MLD 390,
Mst. Sardar Khatoon and others v. Dost Muhammad and another 1988 SCMR 806,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Sultan v. Nawab Mouladad PLD 1969 Kar. 221,
Mani Ram Misra v. Purshotam Lal and another AIR 1930 All. 732,
Mst. Halima v. Muhammad Kassam and others 1999 MLD 2934,
Ganesa Naicken v. Arumugha Naicken AIR 1954 Mad. 811
|
| Laws Involved |
Contract Act (IX of 1872)
|
| Sections |
23
|