Supreme Court · 2009 INSC 136 · Decided 10 February 2009
Vijay Kumar & ANR. v. Dharam Pal & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 136 · [2009] 2 S.C.R. 1
- Case number
- CIVIL APPEAL No. 854/2009
- Decided
- 10 February 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Possession - Suit for possession - Plea of defendants that the property in question was purchased benami in the name of plaintiff and the defendants themselves were the real owners - Trial Court negated the plea of benami on ground . C that such plea was not available after enactment of the Act, the parties, came to a finding that the plaintiff owned the suit property and de­ creed the suit - Order upheld by First Appellate Court and 1 1 High Court - Held: The Courts below erred in applying the D provisions of the Act to the suit, since it had been filed prior to coming into effect of
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