PLJ 1998 Karachi 1
Present: Rana BHAGWAN Das, J.
SYED HABIB MAHMOOD-Plaintiff
Mrs. BILQEES FATIMA-Defendant . Suit No. 444 of 1989 dismissed on 8.8.1996.
(i) Benami Transaction–
—Criteria for determining question of Benami Transaction is (i) source ofconsideration (ii) From whose custody the original title deed and otherdocuments came in evidence; (iii) who is in possession of property andmotive for benami transaction. [P. 12] D
—Declaration-Suit of-Plaintiff did not examine the vendor Mst, Z nor did he tender any document tending to show that she had transferred the plot in suit in favour of the defendant at the instance of the plaintiff or received consideration from him as claimed-His assertion that defendant is benami owner of suit property is not supported by circumstantial or documentary evidence on record- Held: Neither property in suit wpurchased by plaintiff from his own funds nor is defendant benami owner-Defendant had sufficient means and source of income to purchase suit, property-Suit dismissed with costs.
[Pp. 5, 9, 10 & 13] A. B. C & E
(iii) Limitation Act, 1908 (IX of 1908)–
—S. 120-Plaintiff contracted second marriage in 1978 and deserted the defendant, whereas he brought suit for declaration and injunction in1989–Held: Suit is barred by limitation as the Act prescribes a period cf six years from the date when right to sue accrues.