https://www.taxtmi.com/caselaws?id=198477 A claim to recover benami property was not barred by ex turpi causa because the benami character and source of consideration were found in the plaintiffs' favour, the alleged fraud on the lessor was never completed, and the impugned signatures were only incidental to the claim. Relief could be granted where the unlawful purpose had not been carried out and the cause of action did not depend on proving the alleged illegality. A separate argument that the defendants had become tenants after expiry of the lease was rejected because it had not been pleaded and would have required fresh evidence. The decree in favour of the plaintiffs was restored. en-us Fri, 25 Sep 1959 00:00:00 +0530 Thu, 01 Feb 2018 09:54:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198477 A claim to recover benami property was not barred by ex turpi causa because the benami character and source of consideration were found in the plaintiffs' favour, the alleged fraud on the lessor was never completed, and the impugned signatures were only incidental to the claim. Relief could be granted where the unlawful purpose had not been carried out and the cause of action did not depend on proving the alleged illegality. A separate argument that the defendants had become tenants after expiry of the lease was rejected because it had not been pleaded and would have required fresh evidence. The decree in favour of the plaintiffs was restored. Case-Laws Indian Laws Fri, 25 Sep 1959 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198477