| Case ID |
d6fa19be-0390-4f73-bd61-4816c47baed1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 801 of 2021 |
| Decision Date |
Dec 14, 2022 |
| Hearing Date |
Dec 14, 2022 |
| Decision |
The Supreme Court of Pakistan upheld the findings of the High Court, confirming that the sale-deed dated 28th of August 1973 was not a benami transaction. The appellants failed to provide sufficient evidence to prove that Imam-ud-Din was the real owner of the house and that Sakina Bibi was merely a benamidar. The court emphasized the importance of establishing clear evidence regarding the intention behind the transaction, as well as the relationships and circumstances surrounding it. The appeal was dismissed with no order as to costs. |
| Summary |
In the case of Civil Appeal No. 801 of 2021, the Supreme Court of Pakistan examined a dispute regarding the ownership of a two-marla house purchased in 1973. The case involved allegations of a benami transaction where the appellants claimed that Imam-ud-Din was the real owner, while the sale-deed was in the name of Sakina Bibi. The court reviewed the relationships between the parties, the evidence presented, and the legal principles governing benami transactions. The court found that the appellants did not meet the burden of proof required to overturn the presumption that the sale-deed reflected the true ownership. The decision highlights key elements in property disputes, including the necessity of clear evidence, the importance of familial relationships in ownership claims, and the court's reluctance to base decisions on mere suspicion. This case serves as a significant reference for future benami transaction cases, emphasizing the stringent evidentiary requirements involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN,
SHAHID WAHEED
|
| Lawyers |
Agha Muhammad Ali Khan,
Rashid Mehmood Sindhu
|
| Petitioners |
MUHAMMAD YOUSAF and others
|
| Respondents |
MUHAMMAD ISHAQ RANA (DECEASED) through LRs and others
|
| Citations |
2023 SLD 567 = 2023 SCMR 572
|
| Other Citations |
Sultan v. Nawab Mouladad PLD 1969 Kar. 221,
Abdus Samad Khan v. Moulvi Abdullah 1989 CLC 1563,
Ch. Ghulam Rasool v. Mrs. Nusrat Rasool and 4 others PLD 2008 SC 146,
Mina Kumari Bibi v. Bijoy Singh Dudhuria (1917) ILR 44 P.C. 662,
Abdul Lajij Kazi v. Abdul Huq Kazi (1925) 28 CWN 62,
Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703,
Muhammad Siddiqi through Attorney v. Messrs T.J. Ibrahim and Company and others 2001 SCMR 1443,
Abdul Majeed and others v. Amir Muhammad and others 2005 SCMR 577,
Mst. Zohra Begum and 6 others v. Muhammad Ismail 2008 SCMR 143,
Ghulam Murtaza v. Mst. Asia Bibi and others PLD 2010 SC 569,
Mst. Asia Bibi v. Dr. Asif Ali Khan and others PLD 2011 SC 829
|
| Laws Involved |
Not available
|
| Sections |
Not available
|