Law: Evidence Act (I of 1872)

Section: 110

(a) Benami-   Motive-Joint purchase of land in name of other person because real joint purchaser was in Government service, or Government land could not be purchased in name of more than one person.   (b) Benami-   Declaratory suit by real owner of land where owner is in possession.   (c) Benami-   Source of purchase money-Person claiming to be real purchaser may have his own reasons for concealing true source of money.   (d) Benami-   Undisputed possession of land-Strong point in favour of person claiming to be real owner.   (e) Evidence Act (I of 1872),   S. 110-pr, title of person in possession.   According to section 110, Evidence Act (I of 1872), there is a presumption in favour of title of person in possession. It is not necessary for the application of section 110 that claim should be as sole owner. The person in possession can put forward a claim as a co-sharer or a person with a limited title, and possession will raise a presumption as to such title.   Dates of hearing : 11th, 14th, 21st, 25th, 26th and 27th November 1958.   JUDGMENT   KAIKAUS, J.-This is an appeal by the heirs of one Pir Fateh Muhammad Shah against a decree granted by the First Class Sub-Judge, Hyderabad declaring Mian Bux, respondent, to be the owner to the extent of one-half of the land in suit which stood in the Revenue records in the name of Pir Fateh Muhammad Shah alone.   Pir Fateh Muhammad Shah owned considerable immovable property. The plaintiff, who had been enlisted as a constable retired as a head constable of police in the year i941. His story is that he had been posted as a head constable three times in Matiari police station within the limits of which was situate Nasarpur the village of Pir Fateh Muhammad Shah deceased and he and the deceased were friends In the year 1940, he and the Pir entered into an agreement to purchase some Sukkur Barrage lands that were being abandoned by three persons, Jam Chand Jarro Chand and Jewat Ram. These persons were abandoning the land because they were unable to pay the malkana. According to the terms which regulated the grant by the Government of Sukkur Barrage lands…