Home Case Index All Cases Benami Property Benami Property + HC Benami Property - 2022 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (5) TMI 263 - HC - Benami PropertyBenami transactions - beneficial/Real owner of property - plaintiff has to establish that he has purchased the property in the name of wife or that he is holding the said property as a trustee for the benefit of his elder brother and the wives of the two brothers - HELD THAT:- We have not been shown any evidence which would prove that the said property was purchased out of the fund of the appellants or the conduct of the parties are such which would create an impression that the property was purchased for the benefit of Chanchal Kumar Dutta and wives of the two brothers. On the contrary, D.W.-1 has categorically admitted that Chanchal Kumar Dutta is the co-sharer in respect of the property over which Sanat Kumar Dutta is claiming absolute ownership. D.W.-1 is the wife of Sanat Kumar Dutta. Moreover, as noticed earlier D.W.-1 has admitted to have received fund from Chanchal Kumar Dutta to raise certain constructions in the house which would demolish the case of exclusivity of Sanat Kumar Dutta in relation to the property in question. We have carefully examined the evidence. We do not find from evidence that the appellants have able to satisfy the aforesaid two conditions in claiming as the true owner of the suit property. On such lack of evidence and establishing his right over the property as owner thereof or that such consideration money was paid by him alone, we do not find any reason to interfere with the order passed.
|