Supreme Court · 1973 INSC 191 · Decided 19 October 1973
Jaydayal Poddar (Deceased) Through His LRS and Another v. MST. Bibi Hazra and ORS.
- Court
- Supreme Court of India
- Citation
- 1973 INSC 191 · [1974] 2 S.C.R. 90
- Case number
- CIVIL APPEAL No. 1759/1967
- Decided
- 19 October 1973
- Bench
- V.R. KRISHNA IYER, R.S. SARKARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
8enami Transaction-Burden of proving that a particulur transaction U benami /lies on the verson who asserts it-This burden has to be discharged by definite uroof--Essence of benami is the intention of parties-Circumstances to be takl!tJ into con.~ideration for determinin11 whether a transaction is the most iniportant test. 8 The burden of proving tftat a particular sale is benaml and the apparent pur· C chaser is not the real owner, always rests on the person asserting it to be 110. This burden has to be strictly discharged by adducing legal evidence of a deft.. nite character
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)