Law: Specific Relief Act, 1877

Section: I,42,54

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

Section: 133

(a)    Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and injunction---Benami Transaction---Proof--Plaintiff claimed that suit property was purchased by her deceased husband in the name of his younger brother/defendant as Benami owner---Validity---Benami transaction means a transaction in the name of another person to describe and express a transaction of a property who holds the property as ostensible owner for its beneficial owner---In fact it is a genre of transaction where somebody recompenses for the property but does not get hold of it in his personal name--Person in whose name such type of property is purchased is called Benamidar and the property so purchased is called Benami property---Despite the fact a Benami property is purchased on the name of someone else, the person who sponsors the transaction is the real owner---Assets acquired in the name of spouse or a child for which money is paid from known sources of income is called Benami property--Burden of proving whether a particular person is a Benamidar is upon the person alleging the same---Defendant purchased suit property and in such respect he introduced on record Sale Agreement, Transfer Deed, Transfer Letter issued by KDA showing that the title documents were in his possession which were produced in evidence by him---No original documents of like nature were produced by plaintiff in the name of her deceased husband in respect of suit house---Claim of plaintiff that her deceased husband was actual owner was not proved---Suit was dismissed, in circumstances.PLD 2010 SC 569; Ch. Ghulam Rasool v. Nusrat Rasool PLD 2008 SC 146; 2010 SCMR 171; 1991 SCMR 703, PLD 2003 SC 494; 1997 SCMR 1811; 2009 CLC 324; 2019 MLD 545; Halima v. Muhammad Kassam 1999 MLD 2934; Allah Diwaya v. Ghulam Fatima PLD 2008 SC 73; State Life Insurance Corporation of Pakistan v. Fazal and Sons 2010 CLC 1895; Al-Meezan Investment Management Company Ltd. and 2 others v. WAPDA First Sukuk Company Limited Lahore and others PLD 2017 SC 1; Baja through L.Rs. and others v. Mst. Bakhan and others 2015 SCMR 1704; Lal and another v. Muhammad Ibrahim 1993 SCMR 710; Government of Sindh…