Law: Limitation Act, 1908

Section: 91

Law: Limitation Act, 1908

Section: 91

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

Section: 118

(a) Benami transaction--- ----Benami---Meaning---Word Benami is compound of two Persian words, "Bay" means "without" and "Nami" means "name", hence Benami means transaction which has been undertaken by someone in the name of other person. (b) Specific Relief Act (I of 1877)--- ----S. 42---Benami transaction---Scope---Benami are transactions in which a person never intends such property to be vested in ostensible owner---Benamidar is the person who merely lends his name to another but who acquires no interest in the property, though he may possess indicia of ownership. (c) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (X of 1984), Arts. 117 & 120---Benami owner---Onus to prove---Principle of shifting of onus---Applicability---Initially burden of proof is on the party who alleges that ostensible owner is his Benamidar---Initial burden is on plaintiff to prove with cogent material that he is ostensible owner and defendant is only his Benamidar---Once such evidence is produced by plaintiff, the burden shifts from plaintiff to defendant to prove his ownership, otherwise plaintiff is regarded to be ostensible owner and defendant to be merely a Benamidar---Question whether transaction is Benami in character or not depends upon facts and circumstances of each case and no absolute formula or acid test can be laid down in such regard. (d) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (X of 1984), Art. 118---Benami transaction---Proof---Onus, shifting of onus---Father filed suit against his son alleging that house in question was owned by him---Validity---Plaintiff purchased the plot in the name of his minor son i.e. defendant, who had no source of income at that time and was thus a Benamidar of his father---In Benami transactions possession of property was also a decisive factor and since construction of the house on plot in question it had remained continuously in the possession of plaintiff and his other family members---Though defendant was not residing in house in question but only one room, which was locked, was in his possession---Burden of proof under Art. 118 of Qanun-e-Shahadat, 1984, in such type of cases, was on the…

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