2001 SCMR 1443

[Supreme Court of ]

Present: Deedar Hussain Shah and

Hamid Ali Mirza, JJ

MUHAMMAD SIDDIQI through Attorney--- Petitioner

Versus

Messrs T.J. IBRAHIM & COMPANY and others---Respondents

Civil Petition No.382-K of 1999, decided on 23rd August, 2000.

(On appeal from the order dated 15-4-1999 of the High Court of , in C.M.A. No. 1880 of 1997 in J. Misc. No. l of 1989).

(a) Benami transaction--

---- Onus to prove---Initial burden of proof is on the party who alleges that an ostensible owner is Benamidar.

Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 ref.

(b) Benami transaction-

---- Failure to prove source of money---Non-appearance of petitioner to prove the source---Disputed property was alleged two be Benami transaction--Respondent had laid his claim that the suit property was Benami owned by the company as the same was purchased through one of the relatives of the petitioner for which amount was paid from the funds of the company--Petitioner claimed that the property was purchased by him but he did not appear and could not produce evidence with regard to source of funds with which the property was said to have been purchased---Claim of the petitioner was rightly dismissed by High Court---Leave to appeal was refused--Constitution of Pakistan (1973), Art. 185(3).

Raja Haq Nawaz, Advocate Supreme Court for Petitioner.

Nemo for Respondents.

Shafi Muhammadi, Joint Liquidator (present).

Date of hearing: 23rd August, 2000.

ORDER

HAMID ALI MIRZA, J.---This civil petition for leave to appeal is circumstances, consequently leave to appeal is refused and the petition is dismissed.

Q.M.H./M-239/S Petition dismissed.