| Citation(s) |
|---|
| 1961 SLG 2239 1961 SLD 2239 = 1961 PLD 548 |
Appellate Tribunal Sindh Revenue Board, Karachi
First Appeal No. 136 of 1959, decided on 3rd June 1961.
Presented By: Wahiduddin Ahmed and. A. S. Farugui, JJ
Dingomal for Appellants. S. M. Sohail for
Respondent. Dates of hearing : 28th March 1961, 7th, 18th, 19th, 2Qth and 25th April 1961.
First Appeal No. 136 of 1959, decided on 3rd June 1961.
Presented By: Wahiduddin Ahmed and. A. S. Farugui, JJ
Dingomal for Appellants. S. M. Sohail for
Respondent. Dates of hearing : 28th March 1961, 7th, 18th, 19th, 2Qth and 25th April 1961.
ALI AKBER SHAH AND OTHERS-Appellants
VERSUS
HUSSAIN BUX-Respondent
Law:
Section:
Document- Intrinsic evidence in document proving it to be manipulated and forged-Document, held, not reliable. The signature of a person on a document were on the two stamps of one anna each affixed to the document. On one of the stamps full name of the person "Hussain Bux" appeared and on the other stamp "Bux Panhwar" appeared. It was held that, that suggested that the signatures of the person obtained on some stamps had been affixed on that document ; otherwise there was no question of the person signing "Hussain Bux Bux Panhwar". The document was, therefore, held to be not genuine. Benami transaction- Person impugning apparent character of transaction-Must show something to prove transaction to be benami-Third parties affected by transaction-Strict proof of benami purchase necessary. A person who impugns the apparent character of a transac tion must show something to establish that it is a benami transaction and in cases where third parties are affected, Courts require strict proof of benami purchase. Where not only was it proved that the source of paying the first instalment towards the purchase price of the property had come from person other than one claiming the purchase to be benami but the document relied upon by the person claiming benami further proved that he had on several occasions dealt with the other person as the owner of that property, it was held that the 'circumstances were incompatible with the very notion of benami transaction: (c) Partition-Suit for -Person claiming half share in proper ties, having once accepted a mode of partition by himself setting up an agreement - and not repudiating that arrangement cannot be allowed to substitute it by claiming general relief for partition. JUDGMENT WAHIDUDDIN AHMED, J.-This is a first appeal of appellants defendants in First Class Suit No. 4 of 1959, against the judgment and decree dated 20th October 1959, passed by Mr. Abdul Wali M. Makhoom; Assistant Judge, Dadu decree ing the suit of the respondent/plaintiff for partition of the lands in dispute in equal shares between appellant No. 1 and the…