Supreme Court · 2004 INSC 488 · Decided 31 August 2004

Valliammal (D) BY LRS. v. Subramaniam and ORS.

Court
Supreme Court of India
Citation
2004 INSC 488 · [2004] SUPP. 3 S.C.R. 966
Case number
CIVIL APPEAL No. 5142/1998
Decided
31 August 2004
Bench
ASHOK BHAN, S.H. KAPADIA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

(D) BY LRS. v. SUBRAMANIAM AND ORS. AUGUST 31, 2004 B [ASHOK BHAN AND S.H. KAPADIA, JJ.) Benami Transaction-Presumption of-Purchase of property--Benami purchase-Burden to prove benami purchase-Held: There is a presumption C in law that the person who purchases the property is the owner of the suit for a declaration that he was the owner of the suit property as it was purchased benami in his wife's name­ Trial court decreed the suit- .-:-irst Appellate Court confirmed the decree- However, the High Court held that the plaintiff's .vife was not a benami­ holder Correctness

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