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2022 (3) TMI 1007 - SIKKIM HIGH COURTBenami transaction - absolute owner of suit property - Respondent No.2 in his written statement denied and disputed the Suit of the Appellant as being based on falsity and concealment of facts - Whether the Defendant No.1 is the bona fide and absolute owner of the suit property having purchased the same from her Stridhan and had the right to sell the suit property to Defendant No.2? - HELD THAT:- As perused documents Exhibit P1 to Exhibit P206 relied on by the Appellant. The documents have no connection whatsoever with the instant matter in which the Appellant is primarily to prove that he is the owner of the suit premises as claimed by him. Appellant is neither the applicant nor does the document mention him. Exhibit P194 is a money receipt executed between Respondent No.1 and Respondent No.2 for purchase of the suit properties for a consideration value of ₹ 3,00,00,000/- (Rupees three crores) only. The Appellant is a witness to the execution of this document of his own volition, thereby well aware of what transpired between the Respondents regarding sale and purchase of the suit property. He lodged no complaint of having been coerced by the Respondents to execute any document before any authority. The other documents relied on by the Appellant being Exhibit 1 to Exhibit 187 pertain to the lottery business of M/s. Bindhya Agency with its Office in Lajpat Nagar, New Delhi, and lend no credence to the claim of the Appellant with regard to purchase and ownership of the suit properties. Similarly, Exhibit 189 to Exhibit 206 are of no assistance whatsoever to establish even the prima facie case of the Appellant, this despite walking meticulously through the evidence and documents relied on by him. It thus emerges with clarity that he has no documentary evidence whatsoever to verify his claim of ownership over the suit property. To a large extent the documents indicate amounts of money received by the Appellant from his lottery business, but this alone does not suffice to establish that he purchased the suit property sans specific trail of income, investment, viz., purchase of the suit property, and registration of it in his name. It thus stands to conclude that the Appellant failed to establish even a prima facie case and his Suit was rightly dismissed. The concurrent findings of the Learned Courts below are upheld. The impugned Judgment and Decree of the Learned First Appellate Court warrants no interference.Appeal dismissed.
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