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1997 (11) TMI 99 - SC - Benami PropertyBenami Transactions - Held that:- It is true that the respondents-defendants who have raised a defence of benami in their written statement have to discharge the initial burden of proof and establish the plea of benami. The parties adduced oral and documentary evidence. The lower appellate court had considered the evidence adduced by both the sides and arrived at a conclusion that the defendants had discharged the said burden. When both the sides had adduced evidence, the question of burden of proof pales into insignificance. The High Court was, therefore, right in not interfering with the said finding. The said finding of fact cannot be canvassed in this civil appeal by the plaintiff or her legal representative. The decision in R. Rajagopal Reddy's case [1995 (1) TMI 67 - SUPREME Court] is not in any manner shaken by anything said in Nand Kishore Mehra's case [1995 (7) TMI 64 - SUPREME Court] and that both the cases deal with different aspects of the Act as stated above and each of the cases continues to govern different provisions of the Act. Appeal dismissed.
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