KANIZ FATIMA vs Syed QASEEMUL HASSAN Ss — 2024 YLR 537 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 537 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: KANIZ FATIMA vs Syed QASEEMUL HASSAN 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

KANIZ FATIMA VS Syed QASEEMUL HASSAN Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Art. 63---Suit for declaration, injunction, partition and recovery of damages---Benami transaction---Proof---Special means of knowledge, absence of---Plaintiffs claimed that defendants were benami owners of suit properties whereas their deceased father was the actual owner---Validity---Suit properties were standing in the names of persons who were made so entitled by deceased father of plaintiffs with his own freewill---Source of consideration was not denied to also have come from him---Custody of original title documents along with legal possession thereof was also available with the owners and no motive for benami transaction had come forward---Plaintiffs failed to bring any material evidence in support thereof except verbal assertions from a witness who was not a family member at the relevant time---Evidence of such witness was not based upon personal knowledge---Suit was dismissed in circumstances.

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