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of <h1>Property ownership dispute resolved in favor of Respondents; Appellant's claims dismissed for lack of evidence.</h1> <h3>Ashok Kumar Subba Versus Kamal Kumari Subba and Others</h3> Ashok Kumar Subba Versus Kamal Kumari Subba and Others - TMI Issues Involved:1. Ownership of the suit property.2. Legitimacy of the property purchase by Respondent No.1.3. Right of Respondent No.1 to sell the suit property to Respondent No.2.4. Legality of the Sale Deed and related documents.5. Bona fide purchaser status of Respondent No.2.6. Authority of the Plaintiff to deal with the property as Karta of the family.7. Claim of benami transaction by the Plaintiff.Detailed Analysis:1. Ownership of the Suit Property:The Appellant claimed ownership of the property, asserting it was purchased with his earnings but registered in his wife's name (Respondent No.1). The Trial Court found against the Appellant, noting his inability to prove the property was bought benami. The Appellant failed to provide documentary evidence to support his claim, and the property was legally registered in Respondent No.1's name.2. Legitimacy of Property Purchase by Respondent No.1:Respondent No.1 asserted she purchased the property using her Stridhan. The Trial Court accepted her claim, supported by her status as a 50% partner in the lottery business, thus having her own income. The Appellant's argument that Respondent No.1 lacked the financial means was dismissed due to insufficient evidence.3. Right of Respondent No.1 to Sell the Property to Respondent No.2:The Trial Court ruled that Respondent No.1, being the bona fide and absolute owner, had the right to sell the property. The Appellant's claim of coercion into signing the NOC was not substantiated with any complaints or evidence.4. Legality of the Sale Deed and Related Documents:The Sale Deed dated 21-04-2014 and related documents were found legal and valid. There was no express bar against Respondent No.2 holding the property, and the transaction was not in contravention of any laws.5. Bona Fide Purchaser Status of Respondent No.2:Respondent No.2 was deemed a bona fide purchaser, having paid the consideration amount for the property. The Appellant's claim of a fictitious NOC was dismissed as unproven.6. Authority of the Plaintiff as Karta:The Trial Court found no evidence of a Joint Hindu Family or coparcenary, thus dismissing the Appellant's claim of sole authority over the property as Karta.7. Claim of Benami Transaction:The Appellant's claim of a benami transaction was rejected. The Court highlighted that the Appellant could not provide a specific trail of income leading to the purchase of the property. The legal provision under Section 2(9)(A)(b)(iii) of the Prohibition of Benami Property Transactions Act, 1988, was cited, which did not support the Appellant's claim.Conclusion:The Appellant's inability to substantiate his claims with documentary evidence led to the dismissal of his suit. The concurrent findings of the Trial Court and the First Appellate Court were upheld, affirming Respondent No.1's ownership and the legality of the sale to Respondent No.2. The appeal was dismissed with no order as to costs.
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