Declaration of Gift Mutation as Benami Transaction

Declaration of Gift Mutation as Benami Transaction Benami Case Laws Civil Law Concurrent Findings Gift Knowledge - Civil Law Lahore High Court Litigation & Arbitration Solutions - Civil Law Mr. Justice Ch. Muhammad Iqbal in his judgment has decided the issue regarding declaration of gift mutation as Benami transaction in Civil Revision No. 1385-D of 2015.

1. Through this civil revision, the petitioner has challenged the validity of the judgment & decree dated 17.12.2012 passed by the learned Civil Judge, Burewala whereby the suit for declaration filed by the petitioner was dismissed; and the judgment & decree dated 05.11.2015 whereby the appeal filed by the petitioner was dismissed by the learned Additional District Judge, Burewala.

2. Brief facts of the case are that the petitioner / plaintiff filed a suit for declaration against the respondent / defendant in respect of land measuring 20-Kanals 08-Marlas bearing Khasra Nos.175/13, 18, 23, Patch No.8, Khatooni Nos.786-787, Khewat No.158/158 situated in Mauza Sahoka, Burewala to the effect that gift mutation No.2276 dated 31.03.2003 in favour of the respondent / defendant was made merely as Benami transaction and is liable to be set aside. The respondent / defendant appeared before the learned trial Court contended that the petitioner / plaintiff gifted the suit property from his own free will, as such, she became the owner of the suit property. Learned trial Court after framing the issues and recording the evidence of both the parties dismissed the suit of the petitioner vide judgment & decree dated 17.12.2012. The petitioner filed appeal before the learned Additional District Judge, Tehsil Burewala, District Vehari which was dismissed by the learned Additional District Judge, Burewala vide judgment & decree dated 05.11.2015. Hence, this civil revision.

3. Learned counsel for the petitioner submits that both the judgments & decrees are based on mis-reading and non-reading of oral as well as documentary evidence; further submits that the Courts below have not properly appreciated the evidence; and both the judgments & decrees are against the law and facts of the case.

4. Heard. Record perused.

5. It is an admitted fact that the petitioner is father of the respondent and he himself from his own free will alienated the suit property to the respondent through gift mutation No.2276 dated 31.03.2003 (Exh. D-1), in the said mutation there is nowhere mentioned whether the suit property was transferred in the name of the respondent as Benamidar. Exh. D-3 is a copy of Roznamcha Waqiati which shows that the petitioner made offer to the respondent for the transfer of the suit land through oral gift. There is also no statement recorded by the petitioner that the property in question is transferred in the name of the respondent / defendant as Benamidar.

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