Citation Name: 2023 MLD 1785 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SIDDIQUE vs MUHAMMAD SAEED Evidence — 2023 MLD 1785 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 1785 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 1785 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SIDDIQUE vs MUHAMMAD SAEED Evidence
Subject matter: Civil

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

Citation Name: 2023 MLD 1785 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SIDDIQUE VS MUHAMMAD SAEED Evidence---Civil cases are to be decided on the basis of preponderance of evidence. Citation Name: 2023 MLD 1785 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SIDDIQUE VS MUHAMMAD SAEED Ss. 42 & 54---Suit for declaration and permanent injunction---Benami transaction---Scope---Plaintiff sought an injunction restraining the defendants (plaintiff's brothers) from interfering in his property---Case of defendants was that the suit property was in fact purchased by their father and that the name of plaintiff appeared in the sale deed as Benamidar---Trial Court and Appellate Court concurrently decreed the suit---Validity---Plaintiff had established that he had paid the sale consideration whereas the defendants' evidence was based on hearsay---Defendants had not even alleged any motive what to speak of proving the same that what consideration prompted their common predecessor to purchase the property in the name of the plaintiff---Plaintiff had prima facie proved that he was in possession of the suit property---Financial position of the plaintiff had not been challenged by the defendants---Two courts below had concurrently recorded their findings of facts and law as against the defendants and in favour of the plaintiff, which High Court found as perfectly in accordance with available evidence of the parties---Revision petition was dismissed.

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