3. Allegation of benami transaction by the accused- For determining the question, whether a transaction is a Benami transaction or not, inter alia the following factors are to be taken into consideration: (i) Source of consideration; (ii) from whose custody the original title deed and other documents came in evidence; (iii) who is in possession of the suit property; and (iv) motive for the Benami transaction. The initial burden of proof is on the party, who alleges that an ostensible owner is a ‘Benamidar’ for him and that the weaknesses in defence evidence would not relieve a plaintiff from discharging the burden of proof. The onus probandi to prove the ‘Benami’ character of transaction lies upon him, who alleges it. Muhammad Sajjad Hussain v. Muhammad Anwar Hussain 1991 SCMR 703 fol. Jane Margrete William v. Abdul Hamid Mian 1994 CLC 1437; Ch. Rehmat Ali v. Abdul Khaliq through his L.Rs. and another 2000 MLD 1948; Mst. Sardar Khatoon and others v. Dost Muhammad and another 1988 SCMR 806; M.D. Abdul Majid and others v. Dr. Zainul Abidin and others PLD 1970 Dacca 414; Ismail Dada Adam Soomro v. Shorat Banoo and others PLD 1960 Kar. 852 and AIR 1938 Mad. 8

ajax loader