- (1.) Plaintiff is appellant. He filed suit for partition of his half share in the suit property detailed in Schedule 'A' to the plaint, claiming to be residuary of the property left by his sister Bibi Zafiran, wife of Haji Abdul Gafoor, on her death.
(2.) HAJI Abdul Gafoor was made defendant in the suit and after his death, his second wife, Mostt. Zarina Khatoon was substituted in his place. Defendant contested the suit on the ground that, in fact, suit property was purchased by the husband in the name of his wife Bibi Zafiran, who was Benamidar. She died on 2.7.1973, but the plaintiff was not entitled to any share therein, on her death. Defendant's further case was that subsequently on 2.2.1976 Haji Abdul Gafoor made a gift of the suit property to his second wife, namely, Zarina Knatoon. Both the courts below on the basis of evidence adduced by the parties recorded concurrent findings of fact that the purchase by registered sale deed dated 22.11.1965 was made by Haji Abdul Gafoor in the name of his wife, Bibi Zafiran and it was a Benami purchase. The consideration amount thereof was paid by Haji Abdul Gafoor and Bibi Zafiran had no independent income. Haji Abdul Gafoor had not purchased the suit property exclusively for the benefit of his wife Bibi Zafiran, but it was purchased for the benefit of the whole family. Plaintiff being brother of Bibi Zafiran was, therefore, not entitled to any share in the suit property on the basis of his claim as residuary of the property, left by Bibi Zafiran.
(3.) AT the time of admission of this appeal, the following substantial question of law was framed: "Whether in view of the provisions of Benami Transactions (Prohibition) Act, 1988. the plaintiff's suit could have been dismissed -.;