Muhammad Yousuf Barakzai vs Ms — 2024 MLD 1829 KARACHI-HIGH-COURT-SINDH

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Muhammad Yousuf Barakzai VS Ms. Gulnar Ss. 42 & 54--- Limitation Act (IX of 1908), First Sched., Art. 91--- Suit for declaration and injunction--- Benami transaction--- Proof--- Limitation--- Parties were husband and wife and their relationship ended in a divorce--- Respondent / plaintiff claimed to be owner of suit property on the plea that she had purchased it from her own sources--- Suit filed by respondent / plaintiff was decreed in her favour by Trial Court--- Appellant / defendant contended that he was actual owner in possession of suit property and suit filed by respondent / plaintiff was barred by limitation---Validity---Entire chain of title documents and other related documents were in possession of appellant / defendant who was the actual seller of suit property--- Deal to sell suit property was also transacted between appellant / defendant and husband of the seller but for reasons known to them they both chose to have their respective spouses in the front--- Respondent / plaintiff might have been aware that appellant / defendant surreptitiously transferred the property in his name but the couple was happily married at the time of purchase--- Parties had a few children, both before and after the event---Respondent / plaintiff not insisting at that point in time to have the conveyance deed cancelled to the extent of 50% share was understandable--- It was when appellant / defendant denied her the right to access and enjoy the property that the cause of action arose--- Suit was not barred by limitation--- Suit property was bought by appellant / defendant from his own money, who was owner of the apartment whereas respondent / plaintiff was only shown as an ostensible owner in terms of sale agreement/power of attorney--- Appellant / defendant also bought another property with his funds and had the original title documents with him--- Respondent / plaintiff failed to produce meaningful evidence in support of her case--- Appeal was allowed, in circumstances.

Muhammad Yousuf Barakzai vs Ms — 2024 MLD 1829 KARACHI-HIGH-COURT-SINDH

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