Law:

Section:

Specific Relief Act (I of 1877)----Ss.8, 42 & 54---Suit for recovery of possession, declaration and injunction---Benami transaction---Title of property---Proof---Document not produced---Plaintiff claimed to be owner of suit property and urged that gift deed in favour of defendant was a forged and fraudulent document---Trial Court partly decreed the suit in favour of plaintiff, holding him entitled to half of the suit property but Lower Appellate Court set aside the finding of Trial Court and decreed the suit in favour to plaintiff to the extent of whole property---Validity---No dispute existed at all regarding purchase of suit property in the name of plaintiff through registered sale deed rather the same was not produced in evidence and such fact was not seriously disputed by defendant---Transaction was proved to be Benami transacation and sale consideration was paid by the father of parties which fact was also not rebutted by plaintiff and Benami nature of transaction had been fully established---Subsequently plaintiff signed and executed two Iqrarnamas whereby half protion of suit property was given to defendant---Signatures on and contents of both Iqrarnamas could not be denied or disputed by plaintiff as one could not approbate and reprobate---Sale deed in favour of plaintiff was not produced in evidence and any document if was not part of judicial record, its judicial notice could not be taken---Lower Appellate Court without properly appreciating the evidence on record, contrarily took into consideration the sale deed in favour of plaintiff as an absolute document of title---Lower Appellate Court failed to properly appreciate nature of transaction---High Court in exercise of revisional jurisdiction set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed accordingly. Mst. Umer Bibi and 3 others v. Bashir Ahmed and 3 others 1977 SCMR 154; Maulvi Abdullah and others v. Abdul Aziz and others 1987 SCMR 1403; Mst. Jan Rana v. Commissioner of Income Tax, Peshawar 2006 PTD 529; Juma Khan v. Mst. Shamim and 3 others 1992 CLC 1022; Reham Hussain v. Abdul Rahim and 2 others 2007 MLD 1110; Muhammad Ibrahim v.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492