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SADIQ RASHEED vs Mst — 2022 CLC 492 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 492 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
SADIQ RASHEED vs Mst
Subject matter
Civil
Provisions referred to
S. 43---C; S. 9---C; S. 43; Civil Procedure Code (V of 1908); Benami Transactions Act

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

SADIQ RASHEED VS Mst. UZMA RIZWAN S.43---Civil Procedure Code (V of 1908), S. 9---Civil Court, jurisdiction of---Ousting clause---Applicability---Respondent/plaintiff filed three suits for declaration alleging that suit property belonged to her predecessor and defendants were only Benami owners, which were rejected by Trial Court on ground of being barred by law---Respondent's appeals were allowed by appellate Court---Held, that respondent neither impugned any proceedings initiated/conducted by the authorities under the Benami Transactions Act, 2017, nor claimed any other relief regarding such acts/deeds and no act of authority/tribunal had been challenged, therefore, S.43 of the Act, 2017 was not applicable---Property in dispute was not an un-attended/title-less property---Same had been duly registered in the office of Sub-Registrar---Exclusive jurisdiction vested in the Civil Courts to decide the title/ownership of such property after recording of evidence of parties---Benami Transactions (Prohibition) Act, 2017, was not applicable in the present case---All three revision petitions were accordingly dismissed.

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