Syed KAMIL SHAH vs PROVINCE OF SINDH through Secretary, Islamabad S — 2023 YLR 514 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 514 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: Syed KAMIL SHAH vs PROVINCE OF SINDH through Secretary, Islamabad S
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

Syed KAMIL SHAH VS PROVINCE OF SINDH through Secretary, Islamabad S. 42---Suit for declaration---Benami transaction---Scope---Applicants filed a suit for declaration claiming therein that their predecessor was sole owner of the suit property and the same was owned in the name of respondents as ostensible owners---Trial Court decreed the suit whereas Appellate Court dismissed the suit---Validity---Applicants had produced relevant documents starting from 1953-54 till 1963-64, land revenue receipts, number shumari and field book of the suit property, whereas, the respondents could not rebut or challenge such documents---Applicants had also established that they had raised construction on the suit land---Possession all along had been enjoyed by the applicants---Respondents were acting as benami owners of the suit property---Revision application was allowed, judgment of Appellate Court was set aside and that of Trial Court was restored.

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