Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Declaration of title---Benami transaction---Proof---Plaintiff alleged that suit property was not owned by his father and in fact he was beneficial owner of the same---Judgment and decree passed by Trial Court in favour of plaintiff was concurrently set aside by Lower Appellate Court and High Court---Validity---Plaintiff failed to point out as to why he purchased property as Benami transaction---No convincing evidence was led by plaintiff against receipts reflecting payment of disputed property made by defendant to Settlement Department; issuance of Permanent Transfer Deed; approval of site plan in favour of defendant; and letting out of suit property to tenant by defendant---Plaintiff failed to point out any misreading or non-reading of evidence which could persuade Supreme Court to interfere with findings of fact---Judgment and decree passed by High Court was in accord with weight of evidence led---Supreme Court declined to interfere with the and decree passed by High Court---Appeal was dismissed. Shoeb Shaheen, Advocate Supreme Court for Appellant (in all Appeals). Gulzarin Kiani, Advocate Supreme Court for Respondents Nso.10 and 11 (in all Appeals). Respondents Nos.1 to 10 and 12: Ex parte. Date of hearing: 26th August, 2009. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---This judgment shall dispose of Civil Appeals Nos.1012 to 1015 of 2005 as they are directed against the same judgment dated 10-6-2005 vide which a learned Judge of the Lahore High Court allowed R.S.A. Nos.65, 66, 67 and 68 of 2004 and thereby dismissed suit for declaration filed by appellant Muhammad Yousaf Mirza and the suit filed by respondent-plaintiffs for administration of properties, subject matter of the suit, was decreed. 2. Facts in brief are that predecessor-in-interest of the parties Rehmat Ullah died in 1992 and was survived by six sons and two daughters. At the time of his death, he was owner of the following properties:-- "(1) Property No.8/434; (2) Property No.35/183; (3) Property No.8/449-452" 3. Three sons and two daughters of Rehmat Ullah other than Muhammad Yousaf Mirza appellant filed a suit for administration and partition of the…

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