Supreme Court · 1959 INSC 120 · Decided 25 September 1959

Kedar Nath Motani and Others v. Prahlad Rai and Others

Court
Supreme Court of India
Citation
1959 INSC 120 · [1960] 1 S.C.R. 861
Case number
CIVIL APPEAL No. 151/1955
Decided
25 September 1959
Bench
SUDHI RANJAN DAS, M. HIDAYATULLAH, K.C. DAS GUPTA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

COURT REPORTS KEDAR NATH MOTANI AND OTHERS v. PRAHLAD RAI AND OTHERS (S. R. DAs, C.J., M. HIDAYATULLAH and K. c. DAS GUPTA, JJ.) 861 Fraud ani illegality-Benami transaction-Frau.a intended but not effected-Person to be defrauded aware of the fraud but elects not to cancel transaction-Illegality a lease of a villal?'e to R for a term of years. By cl. 4 of the lease the lessee undertook not to make any settlement of land with a raiyat or other tenant without the consent of the Manager, and disclose the fact to the Manager if it was proposed to make a settlement with a relative or

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