Law:

Section:

(a) Benami transaction--- ----Where wife did not have any independent source of in come and property was purchased by her husband in her name, then even if possession of that property was enjoyed by wife as an ostensible owner, she could be treated to hold property as obstensible owner as a trustee for her husband---On demise of her husband, his heirs would be entitled to share in that property. Khan Imtiaz Ahmad Khan v. The Islamic Republic of Pakistan PLD 1983 FSC 28; Ismail Dada Adam Soomar v. Shorat Banoo PLD 1960 (VV.P.) Kar. 852 and AIR 1925 PC 181 ref. (b) Civil Procedure Code (V of 19118)--- ---O.XL, R. 1---Appointment of receiver---Plaintiff/petitioner having not shown any peril to property in possession of defendants/respondents, no justification was for appointing a receiver in case by dispossessing defendants who on plaintiffs own showing were entitled to some share in the suit property---Person who was in possession of a property in his own right and title, was not to be lightly dispossessed unless some particular instance of waste and damage to property was shown---Appointing receiver over property for dispossessing respondents was a very harsh action which should not be resorted to lightly, but a strong case of peril to property by citing instance of waste as damage should be made out. Mir Muhammad v. Muhammad Hashim and others 1988 CLC 2195 ref. ORDER This application has been moved by the plaintiff for grant of injunction restraining the defendants Nos.l to 5 from selling, gifting, alienating, mortgaging, disposing of, transferring, leasing, renting or parting with possession of any portion/tenant of the plot and buildings thereon bearing City Survey No.ll/8, Sheet RY-9, known as Bombay Hotel and situated at I.I. Chundringar Road, Railway Quarters, Karachi till the final disposal of the suit. Mr. Munawar Malik, learned counsel for the contesting defendants Nos.l and 2, conccedes to this application which is accordingly allowed in the above terms. 2. This application has been moved under the (provision of Order 40, rule 1, C.P.C. read with section 151, C.P.C. for appointment of receiver over the abovesaid property which is commonly known as…

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