Supreme Court · 2005 INSC 348 · Decided 9 August 2005
G. Mahalingappa v. G.M. Savitha
- Court
- Supreme Court of India
- Citation
- 2005 INSC 348 · [2005] SUPP. 2 S.C.R. 487
- Case number
- CIVIL APPEAL No. 2867/2000
- Decided
- 9 August 2005
- Bench
- D.M. DHARMADHIKARI, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Benami Transactions (Prohibition) Act, 1988: Section 4(2). Benami transaction-Nature of-Father purchased suit property in the name of his minor daughter-Subsequently daughter filed a suit before coming into force of the Act for declaration of title to, and recovery of possession of the suit of the suit property-­ Held: The suit and the written statement were filed long before the Act came into force-Hence, the father was entitled to raise the plea of benami and to prove that he was the real owner of the suit property-In such a case S. 4(2) was not applicable. Benami
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)