Supreme Court · 1976 INSC 265 · Decided 27 October 1976

Union of India v. Moksh Builders and Financers LTD. and ORS. ETC.

Court
Supreme Court of India
Citation
1976 INSC 265 · [1977] 1 S.C.R. 967
Case number
CIVIL APPEAL No. 1739/1968
Decided
27 October 1976
Bench
M. HAMEEDULLAH BEG, P.N. SHINGAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act Section 33

Headnote

Benami transaction-Proof of benami nature. Evidence Act (I of 1872) ss. 17 and 33-Evidence nf admissions­ Admfa-.jbility. The appellant (plaintiff) filed a suit on behalJi of and for the benefit of itself and of other creditors against the respondents (3 defendants) and prayed for a dc~aration in favour of the !st defendant was void as against the plaintiff and all other creditors of the 3rd defendant; and (2) that the house was and conti- nued to be owned by the 3rd defendant. The house was sold in the name of the 2nd defendant for Rs. 69,000. He is the son of the 3rd defendant who

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