Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--- ----Art. 185(3)---Benami owner---Sufficient means of income ---Proof--­Evidence produced on record established that the daily income bf the plaintiff was Rs.30/35 per day and he had been lodged in civil prison for execution of maintenance decree of paltry amount of Rs.5,000---Effect---Plaintiff failed to discharge onus of proof on issue regarding defendant being Benami owner of the suit property---Appellate Court as well as High Court in revision found the evidence of the defendant more persuasive after scrutinizing the same in juxtaposition to the evidence of the plaintiff---Defendant was in possession of the suit property and findings of fact recorded by, the Appellate Court and High Court in revision did not suffer from any infirmity---Supreme Court declined to interfere with the s passed by the Courts---Leave to appeal was refused. Jaydayal Poddar (Deceased) through L.Rs. and another v. Mst. Bibi Hazra and others AIR 1974 SC 171 ref. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against impugned judgment dated 8-7-1999 passed by the Lahore High Court, Lahore in Civil Revision No. 1028 of 1999. 2. The facts of the case, succinctly stated, are that the petitioner filed a. civil suit, against the respondent, for declaration that he was owner of the suit property as described in para. 1 of the plaint, having purchased by him in consideration of Rs.36,000 in the name of the respondent, his ex wife, as Benamidar. The suit of the petitioner was decreed by Civil Judge, Gujrat vide judgment and decree dated 3-12-1998. However, .an appeal of the respondent was allowed by the Additional District Judge vide judgment and decree dated 18-6-1999. The petitioner filed Civil Revision No. 1028 of 1999 there against which was dismissed by the Lahore High Court, Lahore by the impugned judgment dated 8-7-1999. Hence this petition for leave to appeal. 3. The learned counsel for the petitioner submitted that there always existed a presumption in the sub-continent that a sale transaction in the name of a wife was Benami one unless contrary was proved through cogent evidence. The inference drawn by the High Court…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492