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of <h1>Appeal Dismissed in Partition Suit - Burden of Proof on Benami Transaction Not Met</h1> <h3>Smt. Rama Dutta & Anr. Versus Chanchal Kumar Dutta</h3> Smt. Rama Dutta & Anr. Versus Chanchal Kumar Dutta - TMI Issues:1. Interpretation of the Prohibition of Benami Property Transactions Act, 1988.2. Determination of ownership rights in a suit for partition.3. Application of guidelines from the judgment of Binapani Paul Vs. Pratima Ghosh & Ors.4. Burden of proof in establishing a transaction as benami.Interpretation of the Prohibition of Benami Property Transactions Act, 1988:The appeal challenged a preliminary decree in a partition suit where a counter-claim was rejected. The counter-claimant alleged that the property was purchased by the appellants in the name of another individual and two brothers' wives. The counter-claim was based on the assertion that the property was acquired with the plaintiff's money. The appellants argued that the property should be considered the exclusive property of the counter-claimant under the unamended provisions of the Benami Property Transactions Act, 1988. However, the court noted that the plaintiff needed to establish purchasing the property in the name of the wife or as a trustee for his brother and sisters-in-law.Determination of ownership rights in a suit for partition:The court considered the evidence presented, including the failure to prove the purchase was made with the appellants' funds or that the property was intended for the benefit of the counter-claimant and his family. The court found that the evidence did not establish the counter-claimant's exclusive ownership over the property, leading to the dismissal of the appeal against the preliminary decree in the partition suit.Application of guidelines from Binapani Paul judgment:The appellants referred to the Binapani Paul judgment and the six guidelines mentioned in Paragraph 47 to argue their case. However, the court found that the circumstances outlined in the guidelines were not proven by the plaintiff. These guidelines included aspects such as the source of purchase money, nature of possession post-purchase, motives for a benami transaction, relationships between parties, custody of title deeds, and post-sale conduct regarding the property.Burden of proof in establishing a transaction as benami:The court emphasized that the burden of proof lay with the appellants to establish the transaction as benami. Despite the arguments presented, the court concluded that there was a lack of evidence to support the counter-claimant's exclusive ownership over the property. The court found no reason to interfere with the lower court's decision in Title Suit No.45 of 2013, leading to the dismissal of the appeal.In conclusion, the appeal against the preliminary decree in the partition suit was dismissed, and no costs were awarded. The judgment highlighted the importance of establishing ownership rights and meeting the burden of proof in cases involving benami transactions, as per the relevant legal provisions and judicial guidelines.
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