Supreme Court · 1996 INSC 593 · Decided 30 April 1996
Heirs of Vrajlal J. Ganatra v. Heirs of Parshottam S. Shah
- Court
- Supreme Court of India
- Citation
- 1996 INSC 593 · [1996] SUPP. 2 S.C.R. 67
- Case number
- CIVIL APPEAL No. 9884/1995
- Decided
- 30 April 1996
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Civil Procedure Code, 1908-Suit for possession-By real owner from an ostensible owner-On the basis of benami transaction-Held, the burden of proof is 011 the person who asserts it. The Appellants filed a suit in the Civil Court for a declaration that A B c the suit property, belonged to them and That suit was for a declaration and consequential injunction restraining the defendants from disturbing the possession. The Plaintiffs contended that he was the real owner though the defendant's name was show in the sale deed, that the D plaintiff was a dealer in land transactions and the
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