Law:

Section:

(a) Specific Relief Act (I of 1877)-----S. 42--Benami transaction---Onus to prove---Onus in Benami transaction is heavily upon the shoulders of the person who asserts to be the real owner. (b) Specific Relief Act (I of 1877)--- ---Ss. 8 & 42---Cross-suits---Effect---Benami transaction---Proof---Concurrent findings of fact by the Courts below---Plaintiff sought recovery of possession of house in question on the ground that the same was owned by her deceased son---Defendants claimed to be the actual owners of the disputed house and asserted that the deceased son of plaintiff was 'the only Benamidar---Contention of the defendants was that the suit house was actually purchased by a partnership firm of which the deceased was one of the partners---Possession of the suit house was with the defendants and original documents were also produced by them---Suit filed by plaintiff was dismissed and that of defendants for declaration of title was decreed by the Trial Court---Judgment and decree passed by Trial Court were maintained by Appellate Court---Plea raised by plaintiffs was that the defendants neither produced 4ny record of the firm nor any witness from where it could be established that the house was purchased by the firm---Validity---Only for the reason that being a partner of the firm, the possession of the house was taken over after the death of plaintiff's son, by a co-partner, including custody of the documents of title would not mean that the, property was purchased by the firm in the name of the deceased---Main ingredients about Benami transaction were the motive and source of money, proof whereof was missing in the case---Such aspect of the matter was overlooked by the Courts below, resultantly their s and decrees could not be sustained---If decree passed in the suit tiled against plaintiff was set aside, the other suit filed by the plaintiff had to be decreed---High Court set aside the s and decrees passed by both the Courts below and dismissed the suit filed by defendants while that of the plaintiff was decreed---Second appeal was allowed accordingly. Talib H. Rizvi for Appellants. Muhammad Sued Bhatti for Respondent. Date of hearing: 8th February,…

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