Law:

Section:

Benami transaction--Punjab Pre-emption Act (I of 1913), S. 15---Constitution of Pakistan (1973), Art. 18S---Plea of Benami, though taken in written statement was not pressed by defendants when issues were being settled---Such plea was not taken even in grounds of appear--Mere fact that certain stray statements with regard to said plea h .ad been allowed to be brought on record could hardly be sufficient to record finding on that plea---Defendants, after failing to press plea of Benami at the trial could not now be permitted to resuscitate the same merel3 on the ground that there was some evidence on record relating to such plea---Supreme Court refused to examine such plea in circumstances. JUDGMENT SAAD SAOOD JAN, J.---These are five appeals preferred by special leave of this Court from the judgment of the High Court whereby the revision petitions preferred by the appellants were dismissed. These appeals arise in the following circumstances: 2. One Ghilam Hussain owned agricultural land in Chak No. 232/RB, Tehsil Faisalabad By a registered deed dated 28-7-1979 he sold two Kanals and 2 "arias of lis land to Muhammad Saeed, appellant. Similarly by another registered deed le sold 5 Kanals and 5 Marlas of his. land to Muhammad Jamil, appellant. It may be mentioned that both the appellants are real brothers. The two sales gave rise to a number of pre-emption suits. One set of suits was filed by Muhammad Ifran, minor son of Ghulam Hussain and the other set was brought by Ghulam Mustafa, brother of Ghulam Hussain. Both pre-emptors based their claim to superior right on the assertion of relationship with then vendor. The trial Court held that as son of the vendor Muhammad Irfan had the nest superior right of all to acquire the land. Accordingly, it decreed the suit o Muhammad Irfan but dismissed those preferred by Ghulam Mustafar. From the judgment of the learned trial Court the appellants as well as Ghulam Mustah preferred appeals in the District Court. A learned Additional District Judge at Faisalabad dismissed the appeals of the appellants. It accepted the appeals preferred by Ghulam Mustafa in…

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