Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Benami transaction--- ----Ingredients---Contention of plaintiff was that he was owner of suit property and impugned transaction in favour of defendant was Benami---Suit was dismissed concurrently---Validity---Requirements; to prove Benami transaction were source of consideration; custody of original title deed; possession of suit property and motive for Benami transaction---Plaintiff except possession had failed to prove the rest of the ingredients of Benami transaction---No mis-reading or non-reading of evidence in the impugned s passed by the Courtsbelow was found---Revision was dismissed in circumstances. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Ghulam Murtaza v. Mst. Asia Bibi and others PLD 2010 SC 569 rel. (b) Benami transaction--- ----Ingredients---Ingredients of Benami transaction were motive; consideration; possession of property and possession of original documents. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court, exercise of---Requirements---Petitioner in order to invoke revisional jurisdiction had to prove that Courts below had committed error or acted illegally or with material irregularity while deciding the matter. THIS JUDGMENT DELIVERED BY: TARIQ IFTIKHAR AHMAD, J.---- This revision petition is directed against the judgments and decrees rendered by the learned courts below dated 23.01.2013 and 01.12.2016, respectively whereby suit filed by Ghulam Haider-petitioner for declaration has concurrently been dismissed. 2. Both the parties to this civil revision who are real brothers filed suits against each other. Present petitioner filed suit titled "Ghulam Haider v. Ghulam Qadir" for declaration whereas the respondent filed suit for possession titled "Ghulam Qadir v. Ghulam Haider and others". Both the suits were consolidated and through consolidated judgments and decrees, as mentioned earlier, the suit filed by present petitioner was dismissed concurrently whereas suit filed by the respondent stood decreed. 3. Brief, facts of the case are that the petitioner filed a suit for declaration along with perpetual injunction qua the disputed house, the detail of which is described…

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