Supreme Court · 2000 INSC 394 · Decided 10 August 2000
Santakumari and ORS. v. Lakshmi Amma Janaki Amma (D) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 394 · [2000] SUPP. 2 S.C.R. 353
- Case number
- CIVIL APPEAL No. 1365/1990
- Decided
- 10 August 2000
- Bench
- V.N. KHARE, S.N. VARIAVA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Transfer of Property Act
Headnote
Benami Transaction : Execution proceedings against plaintiff-In order to deposit decretal amount plaintiff sold suit property and simultaneously got a document executed by purchaser to sell the praperty to one of his relations-Held, High Court has rightly concluded that the transaction was a had no intention to permanently dispose of the property-The second transaction was a benami transaction and heirs of plaintiff-vendor entitled to a decree of declaration as owner of the property and for recovery of possession. Code of Civil Procedure, 1908 : S.100-Second appeal-Substantial
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