Law:

Section:

(a) Civil Procedure Code (V of 1908)-----S. 115---Revision petition admitted for regular hearing ---Non a­ppearance of petitioner or his counsel despite that the name of his counsel appeared in the cause-list---Effect---Such revision petition could of be dismissed for non-prosecution. Muhammad Siddique v. Mst. Bashiran and 9 others PLD 2000 SC 820 fol. (b) Civil Procedure Code (V of 1908)--- --S. 115---Revision---Appreciation of evidence---Scope---Where two courts below had recorded divergent findings on disputed question of fact, then Revisional Court could appreciate evidence. Mst. Kaniz Fatima through Legal Heirs v. Muhammad Salim 2001 SCMR 1493 fol. (c) Benami transaction--- ---Benami character of a transaction---Determining factors---Onus to prove---Principles. Whosoever asserts Benami nature of sale has to prove same. AIR 1926 Nag. 109 rel. Following factors /considerations are relevant for deciding Benami character of a transaction: (i) Source of consideration and its payment. (ii) Motive for Benami transaction. (iii) Real intention of parties. (iv) Possession and production of original title deed. (v) Possession and use of property in dispute. (vi) Subsequent conduct of parties including any act done in exercise of right of ownership. Yeleswarapu Ganjamma's case AIR 1925 Mad. 9.80; Mst. Zohra Begum and 6 others v. Muhammad Ismaeel 1995 CLC 242; Muhammad Sajjad Hussain v. Muhammad Anwar Huss4in 1991 SCMR 703; Jane Margrate William v. Abdul Hamid Khan 1994 CLC 1437 and Muhammad Zaman v. Sheikh Abdul Hameed 2002 CLC 1209 rel. (d) Benami transaction--- ---- Benami character of a transaction---Onus to prove---Suit property was standing in the name of wife since 1974, whereas her marriage was dissolved in year 1987 through decree of Court---Wife claiming to be real owner of suit property filed suit for possession against husband alleging that he had forcibly dispossessed her tenant---Suit was dismissed by Trial Court, but decreed by Appellate Court-Validity---Husband had not produced witness, before whom he alleged to have paid sale price to the vendor---Husband had neither proved s3urce of purchasing plot nor produced in evidence a single receipt or draft…

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