Law:

Section:

(a) Benami transaction------- Plea of benami transaction---Proof---Essentials---Party raising plea of benami transaction must prove such plea by adducing cogent, legal, relevant and unimpeachable evidence of definitiveness ---Court was not required to decide such plea on suspicions, however, strong they might be---Court was required to examine as to who had supplied funds for purchase of property in question---Where it was proved that purchase money came from some person other than the person in whose favour sale was made, such circumstances, prima facie, would be strong evidence of benami nature of transaction--­Character of benami transaction should, however, be ascertained by determining intention of parties at relevant time which could be gathered from all surrounding circumstances i.e. relationship of parties, motives underlying the transaction and any other subsequent conduct---Possession of property in question and custody of title deed would also be essential consideration in determining nature of transaction.--- [Burden of proof]. Mina Kumari Bibi v. Bejoy Singh Dudhuria AIR 1916 PC 238; Bhim Singh and others v. Kan Singh AIR 1980 SC 727; Jaydayal Poddar v. Mst. Bibi Hazra (1974) 2 SCR 90; Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Jane Margrete William v. Abdul Hamid Mian 1994 CLC 1437 rel. Messrs Shalimar Limited, Karachi v. Raisuddin Siddiqui and 3 others 1979 CLC 338; Muhammad Asheque and others v. Chowdhary Fazlur Karim and others 1970 DLC 782; Altaf Mahmud v. Mst. Fazal-un-Nisa alias Bilqis Insari PLD 1970 Lah. 654; Sher Muhammad v. Muhammad Sharif PLD 1984 Lah. 117; Akram Moquim Ansari and 3 others v. Mst. Ansari Begum and another PLD 1971 Kar. 763; Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 and Rai Rejendra Kumar Ghosh Bahadur and others v. Rash Behari Mandal and others AIR 1931 PC 125 ref. (b) Benami transaction--- ---- Plea of benami transaction---Quantum of proof---Plaintiffs oral evidence in support of his plea of benami transaction seemed to be thoroughly discrepant, wholly inconsistent and did not prove any of the circumstances necessary to prove such plea---Plaintiff himself had not ventured…

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