Supreme Court · 1997 INSC 742 · Decided 19 November 1997
SMT. Rebti Devi v. Ram Dutt and ANR. ETC.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 742 · [1997] SUPP. 5 S.C.R. 236
- Case number
- CIVIL APPEAL No. 6486/1983
- Decided
- 19 November 1997
- Bench
- S.B. MAJMUDAR, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Benami Transactions (Prohibition) Act, I 988: Sections 3 and 4-Benami transaction-Property purchased in the C name of wife-Held-Plea of benami is open even after coming into force of the Act-Burden of proof--Persons Pleading benami transaction have to discharge initial burden of proof A Suit was that the property was self acquired, bought D from her own money. The defendants i.e the legal heirs of 'R', pleaded that the real owner of the property was the appellant's husband, who had purchased the property in his wife'~ name However, the plea of benami transaction raised by the
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