Mst. ISHRAT PARVEEN vs Syed AZHAR ALI Ss — 2024 PLD 289 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 PLD 289 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: PLD
Parties: Mst. ISHRAT PARVEEN vs Syed AZHAR ALI Ss
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

Mst. ISHRAT PARVEEN VS Syed AZHAR ALI Ss. 42 & 54---Suit for declaration and injunction---Benami Transaction---Proof---Plaintiff claimed that suit property was purchased by her deceased husband in the name of his younger brother/defendant as Benami owner---Validity---Benami transaction means a transaction in the name of another person to describe and express a transaction of a property who holds the property as ostensible owner for its beneficial owner---In fact it is a genre of transaction where somebody recompenses for the property but does not get hold of it in his personal name---Person in whose name such type of property is purchased is called Benamidar and the property so purchased is called Benami property---Despite the fact a Benami property is purchased on the name of someone else, the person who sponsors the transaction is the real owner---Assets acquired in the name of spouse or a child for which money is paid from known sources of income is called Benami property---Burden of proving whether a particular person is a Benamidar is upon the person alleging the same---Defendant purchased suit property and in such respect he introduced on record Sale Agreement, Transfer Deed, Transfer Letter issued by KDA showing that the title documents were in his possession which were produced in evidence by him---No original documents of like nature were produced by plaintiff in the name of her deceased husband in respect of suit house---Claim of plaintiff that her deceased husband was actual owner was not proved---Suit was dismissed, in circumstances.

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