Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129(g)

Law: Limitation Act, 1908

Section: 120

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Benami transaction---Ingredients---Burden of proof---Contention of plaintiffs was that they were owners of suit property and impugned transaction in favour of defendant was Benami---Suit was dismissed concurrently---Validity---Initial burden of proof was on the party who had alleged that the ostensible owner was a Benamidar for him---Weakness in the defence evidence would not relieve plaintiff from discharging the said burden---Burden of proof might shift from one party to the other during the trial of a suit---When burden of proof was shifted from plaintiff to defendant and defendant failed to discharge the same then plaintiff would succeed---Plaintiffs, in the present case, had failed to discharge the initial onus of proof---Courts below had rightly non-suited the plaintiffs, in circumstance---No illegality, irregularity, mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Court below---Revision was dismissed in limine accordingly. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Iqbal Ahmed Turabi and others v. The State PLD 2004 SC 830 rel. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703; Iqbal Ahmed Turabi and others v. The State PLD 2004 SC 830 and Abdul Majeed and others v. Amir Muhammad and others 2005 SCMR 577 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---Revision---Scope---Concurrent findings recorded by the Courts below could not be set at naught by the revisional Court unless it was proved that same were patently illegal, based on mis-reading, non-reading of evidence, erroneous, fanciful or had resulted in miscarriage of justice. Nazir Ahmed through L.Rs. v. Umra and others 2002 SCMR 1114 and Shafi Muhammad and others v. Khanzada Gul and others 2007 SCMR 368 rel. THIS ORDER PASSED BY: QAISER RASHID KHAN, J.--- Aggrieved of the judgments and decrees dated 15.06.2012 and 31.01.2019 of the learned Civil Judge-XXII,…

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