TAHIRA BEGUM vs Mst — 2022 YLR 1414 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 1414 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: TAHIRA BEGUM vs Mst
Subject matter: Criminal

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

TAHIRA BEGUM VS Mst. NASIRA ANSARI Proof---Suit for declaration and injunction was filed by respondent/ plaintiff claiming that suit property in the name of appellant/defendant was held Benami for her deceased husband who was father of respondent/plaintiff---Suit was decreed in favour of respondent/ plaintiff--- Validity--- No material was brought on record to support the assertion of Benami arrangement inter se the deceased and appellant/defendant his wife or demonstrated that deceased mainly provided funds through which disputed properties had been acquired---Findings of Single Judge of High Court as to funding was predicated entirely on inferences drawn from disparate excepts from oral evidence tendered---Other than bare assertion in plaint that disputed properties had been purchased/financed by deceased in the name of his widow as Benami properties, there was no further elucidation as to motive underpinning alleged Benami arrangement or even as to details/mechanics of relevant transactions---Division Bench of High Court set aside judgment passed by Single Judge of High Court as it suffered from material infirmities which had gone to root of the matter---Division Bench of High Court dismissed suit filed by respondent/plaintiff---Intra Court Appeal was allowed, in circumstances.

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