Law:

Section:

Benami transaction--- ----Proof---Burden of proof---Scope---Suit property was purchased by the plaintiff and he remained in possession since its purchase---Initial onus would lie on a person who had alleged transaction to be benami to prove the same---If he had proved the fact, onus might shift to the opposite party to disprove the same---Witnesses had corroborated the version of plaintiff in presence of documentary as well as oral evidence---Sale was of a benami nature---Heavy burden was on the defendant to disprove the admitted evidence in favour of plaintiff---Plaintiff had proved his claim through overwhelming, cogent and solid evidence and had successfully shifted the onus on the defendant to disprove the same---Defendant had failed to disprove the testimony of plaintiff---Appellate Court had minutely appreciated the entire evidence and had rightly set aside the and decree of the Trial Court which decreed the suit---Impugned and order passed by the Appellate Court did not suffer from any misreading or non-reading of evidence nor from any jurisdictional error or defect---Revision was dismissed in circumstances. 2003 MLD 319 and 2003 CLC 559 ref. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Abdul Majeed and others v. Amir Muhammad and others 2005 SCMR 577 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:----------- Through this revision petition, the petitioner has challenged the judgment and decree dated 21-02-2013 of the learned District Judge, Bannu vide which he accepted the appeal of the respondent, set aside the judgment and decree dated 27-07-2011 of the learned Civil Judge-IX, Bannu and decreed the suit of respondent, whereas the petitioner's Cross- Objection bearing No.2/2011 was also dismissed with costs. 2. Facts briefly are that Haji Nawab Khan plaintiff, predecessor of the respondents herein, had instituted a suit for declaration and perpetual injunction against Shaizullah (defendant-petitioner herein) to the effect that he is owner in possession of the suit shop alongwith balakhana bearing No.201/1+A, situated at Chowk Bazar, Bannu since its purchase in the year,1974, wherein he is running the business of…