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    <title>1979 (12) TMI 158 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=169785</link>
    <description>In a benami dispute, the burden lay on the party asserting benami, and the true nature of the transaction depended on the intention of the person who supplied the purchase money, assessed from surrounding circumstances, conduct, relationship, and admissions against interest. On the evidence, the ostensible purchase was made in the names of the plaintiffs, the patta was later handed to plaintiff No. 2, and declarations supported his ownership. The defendant failed to prove a joint-family purchase or any proprietary interest from repair expenses. The transaction was therefore treated as not benami, and plaintiff No. 2 was entitled to possession and mesne profits.</description>
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    <pubDate>Fri, 21 Dec 1979 00:00:00 +0530</pubDate>
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      <title>1979 (12) TMI 158 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169785</link>
      <description>In a benami dispute, the burden lay on the party asserting benami, and the true nature of the transaction depended on the intention of the person who supplied the purchase money, assessed from surrounding circumstances, conduct, relationship, and admissions against interest. On the evidence, the ostensible purchase was made in the names of the plaintiffs, the patta was later handed to plaintiff No. 2, and declarations supported his ownership. The defendant failed to prove a joint-family purchase or any proprietary interest from repair expenses. The transaction was therefore treated as not benami, and plaintiff No. 2 was entitled to possession and mesne profits.</description>
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      <pubDate>Fri, 21 Dec 1979 00:00:00 +0530</pubDate>
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