Law: Contract Act, 1872

Section: 23,24

Law: Contract Act, 1872

Section: 23,24

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---"Benami" transaction---Defendant claimed that land in question was purchased by him in open auction---Plaintiffs, on the other hand had claimed that their deceased father was real owner of the suit property which was purchased in the name of defendant as "Benamidar"---Plaintiffs instituted suit for declaration and permanent injunction---Trial Court dismissed suit, whereas appellate court decreed the suit---Validity---Trial Court while passing impugned decree, discussed four essentials of a 'Benami' transaction, namely; source of income; holding/ custody of title deeds and other documents; possession of disputed property; and lastly motive for Benami Transaction and observed that plaint was silent with regard to necessity or motive of purchase of suit-land in the name of Benamidar---Trial Court found the admission of plaintiffs that defendant was a business partner of their predecessor and that defendant had purchased various properties and had independent source of income---Trial Court had further observed that documents of title and possession remained with defendant; and then found that purchase of land in dispute in open auction, was not a Benami Transaction---Plaintiffs had failed to mention in the plaint any reason or motive for the purchase of land in open auction in the name of defendant---Appellate Court below imported a proposition in its , which was neither urged before the Trial Court nor was pleaded in the pleadings and validated a transaction, which had defeated the provisions of law and was against the public policy---Judgment and decree of the Trial Court was well-reasoned, which reflected that it had been passed with proper and correct appreciation of evidence and law, whereas impugned of the Appellate Court suffered from legal infirmity---Impugned and decree of Appellate Court, were set aside maintaining the and decree of the Trial Court. Ashfaq Qayum Cheema for Petitioner. Respondents Ex parte vide order, dated 1-6-2007. Date of hearing: 24th January, 2008. JUDGMENT SYED HAMID ALI SHAH, J.--- Land measuring 40. Kanals, forming part of Lot…

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