Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Civil Procedure Code (V of 1908)

Section: 35A

Law: Constitution of Pakistan, 1973

Section: 260,260(3)

(a) Qanun-e-Shahadat (10 of 1984)------Art. 117---Issues framed from pleadings of plaintiff---Burden would lie on plaintiff to prove such issues. (b) Constitution of Pakistan (1973)--- ---Art. 260(3)-Oral gift by Qadiani---Donor and donee belonging to and processing Qadiani faith---Validity---Members of Qadiani faith being non-Muslims could not be governed by Muslim Personal Law as per Art.260(3) of the Constitution---Execution of such declaration under Muslim Personal Law being illegal would be liable to be cancelled--Limitation would not run for filing suit for declaration/cancellation of such document, which was apparently void or illegally executed. Mst. Farida Malik v. Dr. Khalida Malik 1998 SCMR 816 rel. (c) Power of attorney--- ---Power of attorney given by plaintiff to her son for filing suit without specifying the purpose for which same was given---Validity---Presumption would be that power of attorney was given for properties for which suit had been filed---Such being minor omission could be overlooked. (d) Specific Relief Act (I of 1877)--- ----Ss. 39 & 42---Limitation Act (IX of 1908), S.3, Arts. 91 & 120---Suit for declaration and cancellation of document apparently void or illegally executed---Limitation---Limitation for being inapplicable to such document would not run for filing such suit. (e) Benami transaction--- ----Contest between legal heirs for property left by their deceased mother---Admission of defendants during cross-examination that deceased was a house-hold lady and had no source of income of her own---Effect---Suit property purchased in the name of deceased in life time of her husband would be presumed to have been purchased in her name by her late husband, thus, was Benami transaction. Muhammad Zahid Khan for Plaintiffs. Adnan Usman for Defendants Nos. 1 and 2. Nemo for Defendants Nos.3 to 5. Date of hearing: 8th April, 2009. JUDGMENT MUHARREM G. BALOCH, J.--- Plaintiff has filed this suit for declaration, permanent injunction, administration, partition, cancellation of documents and possession with the following prayers:--- (a) To declare that the plaintiffs are entitled to their respective legal shares according to Muslim…

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