Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--   ---Art.185(3)--Benami transaction--Appellants claimed that land in dispute was purchased by their predecessor-in-interest in name of respondent as benami transaction for his own interest and not for benefit of respondent--Transaction was entered in Revenue Record in name of respondent and evidence on record indicated that respondent himself paid land revenue assessment for said land and he was in possession of disputed property--Record further showing that appellants predecessor-in-interest allowed possession of land to continue with respondent for a long time--Onus of proving character of transaction as benami not discharged by appellants predecessor-in- interest and evidence rather indicated that his intention was to purchase disputed property for benefit of respondent who was his daughters son and he had no male issue of his own --Khata was also mutated in favour of respondent as real purchaser and not as Beyamidar for appellants predecessor-in-interest--Held, order passed by court below--Letters Patent Bench of High Court that transaction was not Benwmidar but for benefit of respondent was unexceptionable and called for no interference in circumstances.   Madan Gopal etc. v. Maran Bepari etc. P L D 1969 S C 617 ref. JUDGMENT JAVID IQBAL, J.--The appellants in this - case are legal representatives of Hussain Bakhsh. The facts are that in 1936 their predecessor-in-interest namely Hussain Bakhsh purchased certain lands and got the sale transactions entered in the Revenue Record in the name of his daughters son Dost Muhammad respondent herein, who at that time was a minor. Hussain Bakhsh worked as a clerk in the Revenue Department from 1909 to 1945. He retired in 1945 but after more than ten years filed a suit for declaration against Dost Muhammad respondent to the effect that he was the real owner of the suit lands and the entries of sale transactions in the Revenue Record in favour of Dost Muhammad respondent were Benami. He also prayed for the issuance of injunction in order to restrain Dost Muhammad respondent from interfering with his possession of the suit lands, but during the pendency of the suit this prayer…

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