| Citation(s) |
|---|
| 2017 SLG 2101 2017 SLD 2101 2017 YLR 341 |
Sindh High Court
Suit No. 1400 of 2011, decision Dated: 2-2-2016, hearingDate : 18-11-2015.
SALAHUDDIN PANHWAR, JUSTICE
Sardar M. Ejaz for Plaintiff.Iftikhar Jawed Kazi for Defendants Nos. 2 and 3.
Suit No. 1400 of 2011, decision Dated: 2-2-2016, hearingDate : 18-11-2015.
SALAHUDDIN PANHWAR, JUSTICE
Sardar M. Ejaz for Plaintiff.Iftikhar Jawed Kazi for Defendants Nos. 2 and 3.
MUHAMMAD SADIQ KHANVSMST. TEHZEEB KHANUM AND 6 OTHERS
Law:
Section:
(a) Suit for damages--- ----Benami transaction---Nothing was on record with regard to 'motive/reason' to purchase suit property in the name of defendant who was wife of plaintiff---Plaintiff had failed to establish stated ingredients of benami transaction to substantiate his plea---Original title document of suit property was with the defendant---Nothing was on record to show as to which act and omission of defendants resulted in causing damages to the plaintiff---Mere claim of "sustaining loss" was not sufficient unless it was established that any act or omission had resulted into causing injury to the plaintiff---Plaintiff was bound to prove particular act of defendant causing mental shock, pressure, physical torture and social disgrace which had not been proved in the present case---Suit was dismissed in circumstances. Qureshi Noor Hussain v. Ghulam Jan PLD 1984 Pesh. 86; Pahloomal Motiram v. Abdul Quddus Behari and 7 others PLD 1971 Kar. 250; Fatahuddin v. Zarshad 1973 SCMR 248; Zaheer Ahmad v. Government of Sindh 1999 MLD 2881; Muhammad Aziz Khan v. Muhammad Hanfi 2012 CLC 1521; Daulat Ali v. Ahmad PLD 2000 SC 792; Naseer Ahmad v. Asghar Ali 1992 SCMR 2300; S. Iqbal Ahmad v. Jawaid Iqbal 2011 CLC 29; Sher Muhammad v. Muhammad Sharif PLD 1984 Lah. 117; Mst. Nasira Ansari v. Mst Tahira Begum 2007 CLC 92; Abdul Majeed and others v. Amir Muhammad 2005 SCMR 577; Abdul Ghafoor and others v. Mukhtar Ahmed Khan and others 2006 SCMR 1144; Sahib Noor v. Feroz Khan 1992 MLD 2563; Abdul Hameed v. Shamasuddin PLD 2008 SC 140; Jamal Din v. Syed Altaf Hussain Shah and others 2005 MLD 1351; Muhammad Hanif v. Province of Punjab 2007 CLC 1309; Muhammad Bashir, and others v. Muhammad Ashraf and others 2004 PLC (C.S.) 361 = 2004 SCMR 279; Lt. Muhammad Sohail Anjum Khan v. Abdul Rasheed Khan 2003 MLD 1095 and Mehfooz-ur-Rehman and 4 others v. Mst. Riffat Ahad and 2 others 2007 MLD 382 ref. Halima v. Muhammad Kassam 1999 MLD 2934; Muhammad Nawaz Minhas v. Surriya Sabir Minhas 2009 SCMR 124 and Ghulam Rasool v. Nusrat Rasool PLD 2008 SC 146 rel. (b) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Requirements---Locus standi and legal character were…