Citation Name: 2023 CLC 1777 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ AHMAD vs NASIR AHMAD arts

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Citation Name: 2023 CLC 1777 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ AHMAD VS NASIR AHMAD arts.117 & 129 (g)---Specific Relief act (I of 1877), S.42---Suit for declaration---Benami transaction---Ingredients---Burden of proof---Motive---Scope---Plaintiff/petitioner (government school teacher) sought declaration that his brother (defendant/respondent) be declared as 'benamidar' contending that he was the actual purchaser/owner of suit-property---Motive expressed by the plaintiff/petitioner was that he, being a government servant, could not hold property in his name and also that he had litigation with his wife---Validity---In order to ascertain if the transaction was 'benami' or otherwise, there were important ingredients which needed proof or disproof---Said ingredients were motive; source of money with which the property was purchased; the possession of the property ; the conduct of the parties as to how the property was dealt with; and possession of the original title document---Initial burden of proof was on the party who alleged that ostensible owner was a 'benamidar' for him---Burden of proof could shift from one party to the other during the course of trial of suit but that burden could only be shifted once the initial burden was discharged by the plaintiff---No evidence was on record that consideration paid emanated from any monetary source of the petitioner---Petitioner had only produced certified copies of the title in favour of the respondent, which could hardly be considered to the test as from whose custody the original documents came in evidence---None of the friends of the petitioner/plaintiff appeared to support his version---Petitioner had also failed to satisfy as to why the possession was handed over to the respondent which throughout remained with him---Petitioner/plaintiff was bound to seek strength from his own case---School teacher was not such a sensitive post that the petitioner could not purchase the property in his own name---Having a dispute with his wife would give no justification or reason to the petitioner to purchase the property in the name of his (plaintiff') brother as 'benamidar', therefore, the said story seemed to be concocted and not reliable---Even no documentary proof was produced to justify the motive---No illegality or infirmity was found in the both the decree and judgment passed by the Courts below---Civil revision was dismissed, in circumstances. Citation Name: 2023 CLC 1777 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ AHMAD VS NASIR AHMAD S.115---Revisional jurisdiction of High Court---Scope--Interference in revisional jurisdiction could be made only in the cases in which the order or judgment rendered by a subordinate Courts was found to be perverse or suffered from a jurisdictional error or the defect of mis-reading or non-reading of evidence and the conclusion drawn was contrary to law.

Citation Name: 2023 CLC 1777 LAHORE-HIGH-COURT-LAHOREBookmark this Case RIAZ AHMAD vs NASIR AHMAD arts — 2023 CLC 1777 LAHORE-HIGH-COURT-LAHORE

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