Law:

Section:

Benami transaction--- ----Proof---Suit for declaration and injunction was filed by respondent/ plaintiff claiming that suit property in the name of appellant/defendant was held Benami for her deceased husband who was father of respondent/plaintiff---Suit was decreed in favour of respondent/ plaintiff--- Validity--- No material was brought on record to support the assertion of Benami arrangement inter se the deceased and appellant/defendant his wife or demonstrated that deceased mainly provided funds through which disputed properties had been acquired---Findings of Single Judge of High Court as to funding was predicated entirely on inferences drawn from disparate excepts from oral evidence tendered---Other than bare assertion in plaint that disputed properties had been purchased/financed by deceased in the name of his widow as Benami properties, there was no further elucidation as to motive underpinning alleged Benami arrangement or even as to details/mechanics of relevant transactions---Division Bench of High Court set aside passed by Single Judge of High Court as it suffered from material infirmities which had gone to root of the matter---Division Bench of High Court dismissed suit filed by respondent/plaintiff---Intra Court Appeal was allowed, in circumstances. JUDGMENT YOUSUF ALI SAYEED, JUSTICE:---.--- The captioned Appeal impugns the Judgment and Decree dated 07.08.2006 in Suit No.739 of 1993 (the ‘Suit’), with the central protagonists in that matter being kith and kin- the appellant No.1 being the widow of the late Nasiruddin Ansari (the ‘Deceased’) and mother of their two sons, the appellants Nos. 2 and 3, and their five daughters, the respondents Nos. 1 to 5, with the Suit having been instituted by those respondents so as to espouse a share in Plot No.C-35 in Block-9, Works Cooperative Housing Society, Gulshan-e-Iqbal, Karachi and House No. A-153, Block-L, North Nazimabad, Karachi (hereinafter referred to individually as ‘C-35’ and ‘A-153’ and collectively as the ‘Disputed Properties’), alleging that the same were held benami by the appellant No.1 for the Deceased, hence, as in the case of C-35, could not have been sold by her, nor, as in the case of…

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