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Petitioner: Khaleefa MUHAMMAD MUNAWAR BUTT and another VS Respondent: Hafiz MUHAMMD JAMIL NASIR and others
Court Name: Supreme Court of Pakistan Judge(s):Iftikhar Muhammad Chaudhry, Sardar Muhammad Raza Khan, Sayed
Saeed Ashhad Title:Khaleefa MUHAMMAD MUNAWAR BUTT and another vs Hafiz MUHAMMD JAMIL NASIR and others Case No.: Civil Petition No,1583-L of 2005 Date of Judgment:2005-08-15 Reported As: 2008 SCMR 504 Result: petition dismissed Judgment ORDER ' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Admittedly petitioner No,2 failed to declare amount of Rs,13,00,000 received by him as a part payment of sale consideration of his property in pursuance of agreement dated 28th March, 2005 out of which an amount of Rs,8,00,000 was paid at the time of execution whereas Rs,5,00,000 were paid to him on 28th June, 2005 to be his assets in nomination papers at the time when the period for completion of sale was extended. 2. Learned counsel contended that petitioner had no obligation to disclose receipt of amount in the column of nomination paper meant for declaration of assets because the property was owned by his father. 3. We are not inclined to agree with his contention because admittedly property stands in the name of the petitioner and he himself entered into an agreement to sell the same not as attorney of his father but in his own rights. Besides till the completion of the sale petitioner continued to be the owner of the property. Therefore, it was incumbent upon him to have shown receipt of Rs,13,00,000 as his assets in the column of nomination papers. 4. Thus, for the foregoing reasons we are of the opinion that High Court had rightly accepted the writ petition filed by respondent No,1, as such no exception can be taken to the impugned judgment. Therefore, leave to areal is declined and . Leave declined.