As per the case set out in the plaint by the appellant, apart from the plot measuring 455 sq. yards, even the parcel of land measuring 2 kanals 14 marlas was benami property of the father of the parties purchased in the name of the respondent. Per contra the case set out in the written statement is that not only is the land measuring 2 kanals 14 marlas owned by the respondent, even the plot of 455 sq. yards belongs to the respondent, though purchased in the name of the father of the parties. It deserves to be mentioned here that on the same day as the sale deed of 2 kanals 14 marlas was executed in favour of the respondent, a prior agreement for 99 years lease was also executed in favour of the father of the parties. As per the appellant, the execution of the lease deed evidenced ownership of the father while as per the respondent the lease deed was executed so as to avoid harsh pre-emption laws. Both parties have admitted Will of the father wherein it was, inter alia, recorded that his wife had died; he had married off four of his daughters for whom he had made arrangements at the appropriate time; one of his sons Nand Kishore had died after marriage; and that he had already transferred his due share in favour of his heirs. He further mentioned that after his death whatever property he owned in village Sarai Khawaja would be inherited by his two remaining sons `the plaintiff and the respondent'. It is not disputed that apart from these two properties there is no other property in dispute.
