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MUHAMMAD MUSA KHAN vs Mst — 2022 CLC 1552 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1552 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD MUSA KHAN vs Mst
Subject matter
Civil
Provisions referred to
S. 42---S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD MUSA KHAN VS Mst. ANSA MARIAM RASHEEA ZAMANIA S.42---Suit for declaration---Benami transaction---Scope---Plaintiff filed a suit for declaration, possession and permanent injunction against the defendant (his sister) and sought declaration that he was real owner of the suit property and that the defendant being ostensible owner/benamidar was liable to re-convey the sale deed in his favour---Trial Court and Appellate Court concurrently dismissed the suit---Validity---Plaintiff had disclosed his job description and his initial salary amount in his plaint---Plaintiff had also disclosed in his plaint that before purchasing the house in question he and his family were residing in a rented house, therefore, he purchased the house in question in the name of his mother---Purchasing house in the name of female family members was not unusual---Plaintiff had produced documentary evidence in original, two supportive witnesses and had also led his own evidence before the Trial Court with no cross-examination---Defendant had not appeared before the Court to deny the plaintiff's claim or produce her own relevant documents---Petitioner had proved benami transaction by proving source of consideration, motive for benami transaction, real intention of the parties, possession and production of original title documents---Suit was decreed, in circumstances.

Other judgments reported in 2022 CLC

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