Law:

Section:

(a) Benami transaction--- ---- Ownership of house in question---Plaintiff claimed that defendant (ex-wife) was Benami owner while he himself was in fact the owner---Defendant's plea in defence was that she had built house in question from her own sources--­Evidence on record showed that allotment of plot in question was made on basis of application filed by plaintiff and price of plot was also paid by him through cheque from his own account---Defendant had produced no evidence to prove that she had purchased said plot from her own sources---Defendant's claim that she had raised funds from her own sources was not proved by any document on record---Supervision of construction by defendant during absence of plaintiff (husband) who was an employee and renting out premises in question by-her was not something unnatural; judicial notice could be taken of the fact that people who were in service sometimes purchased properties in the names of their wives and children who also in certain situations supervised management thereof, including renting out the same---Keeping in view relationship between parties that of husband and wife, besides there being cogent evidence on record which had been relied upon by Courts below, there was a strong probability which supports the conclusion that plaintiff was in fact the real owner. Muhibullah Khan v. Sadiq Khan 1986 SCMR 270; Sarfraz Khan v. Federation of Pakistan 1986 SCMR 1950; Shah Gul v. Mst. Shamim Akhtar 1990 SCMR 110; Ismail Dada Adam Soomar v. Shorat Banoo PLD 1960 (W.P.) Kar. 852; Akram Moquim Ansari v. Mst. Asghri Begum PLD 1971 Kar. 763; Ch. Habibullah v. Sheikhupara Central Cooperative Bank Ltd. PLD 1987 SC 53; Zafarul Hussan Oureshi v. M/s. Pakistan Tobacco Co. Ltd. 1991 CLC -1580; Miss Oamar Ali v. Syed Nadir Ali 1993 CLC 605; Mrs. N. Johnstone v. Gopal Singh and others AIR 1931 Lah. 419; Kanwal Nain and 3 others v. Vateh Khan PLD 1983 SC 53; Haji M. Zaman v. Vim. Ali and others PLD 1986 SC 88; Guldar Khan v. Isa Khan and others 1993 SCMR 2099; Said Wali v. Yaqoot Khan and others PLD 1983 SC 440 and Fazle Ghafoor v. Chairman, Tribunal Land Disputes 1993 SCMR 1073 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art.…

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