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2021 (12) TMI 1161 - ORISSA HIGH COURTApplicability of the Benami Transactions (Prohibition) Act, 1988 - Single Judge while concurring with the findings of the Trial Court held that under Section 3 (2) of the said Act there was no prohibition to the property being purchased in the name of the ostensible owner's wife and unmarried daughter - Appellants herein are the successors-in-interest of the original Defendant - Single Judge discussed the evidence led and disbelieved the case of the Defendant that the registered sale deed was vitiated by fraud and coercion - HELD THAT:- This Court is unable to come a conclusion different from that reached by the trial Court as well as the First Appellate Court on any of the above issues, in which concurrent findings have been rendered against the Appellants, both by the Trial court as well as the learned Single Judge. Indeed, the concept of unilateral cancellation of a sale deed, which has been duly registered, is unheard of. Even otherwise, it lacks legal sanctity. The only way to prove that a sale deed was not duly executed would be by leading evidence in the civil court. Despite being provided with sufficient opportunity, the Appellants- Defendants have been unable to establish their case that the registered sale deed in question had been executed through undue influence or coercion.The Court is unable to find any error committed by the learned Single Judge and therefore declines to interfere with the judgment and decree of the Trial Court.
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