MUHAMMAD QASIM KHAN vs Mst. FIZATUL ZUHRA
The petitioner filed a civil suit seeking a declaration of ownership of a house in dispute and asserting that the sale-deed executed in favour of the respondent, his second wife, was a benami transaction. The trial court decreed the suit in favor of the petitioner, but the Additional District Judge accepted the respondent's appeal and dismissed the suit, a decision upheld by the High Court in regular second appeal. The petitioner sought leave to appeal before the Supreme Court. The core legal question concerned whether the transaction was benami. The Supreme Court dismissed the petition, holding that the respondent was a working teacher with independent income capable of purchasing the property at the material time, and that the payment made by her father on her behalf before the Registrar demonstrated her vigilance rather than a benami nature. The court laid down the principle that where a working spouse purchases property from her own income and her father facilitates the payment, the transaction cannot be deemed benami without compelling contrary evidence, warranting no interference with concurrent factual findings.
- Whether a transaction in the name of a working spouse can be declared benami when she possesses independent income?
- Does payment made by a father on behalf of his daughter during a property purchase establish a benami transaction?
- Will the Supreme Court interfere with concurrent findings of fact regarding the nature of a property transaction?
ORDER
1. S. USMAN ALI SHAH, J.---The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore dated 9-2-1987 arising out of a suit filed by the plaintiff/petitioner against the defendant/respondent before the Civil Judge, Lahore, for a declaration that he was owner of the house in dispute and that the sale made through the sale-deed dated 9-10-1970 registered on 4- 12-1970 by Abdul Waheed etc. In favour of the defendant/respondent was a benami transaction.
2. The suit was contested by the respondent. The learned Civil Judge, after framing contesting issues and recording evidence thereof decreed the suit in favour of the plaintiff/petitioner vide order dated 11-4-84.
3. The respondent filed appeal against this order before the Addl. District Judge, Lahore which was accepted vide his judgment dated 20-12-1986, and the order of the trial Court was set aside and the suit of the plaintiff/petitioner was dismissed. Thereafter his R.SA. Also failed.
4. We have heard the learned counsel for the parties and have gone through the record of the case.
5. 'The record shows that the petitioner is a wealthy person and 'Mst. Fizatul Zuhra respondent is his second wife. She was serving as teachers and was capable to purchase the suit property from her own income particularly at the time when its market value was not so high. It has also been noted that Ziauddin father of the respondent represented her daughter and made the payment to the vendor. This shows her vigilance that her father before the Registrar made the payment to the vendor. These are the circumstances which needs no interference. The petition is without any merit and is hereby dismissed.