https://www.taxtmi.com/caselaws?id=199006 In a completed fraudulent benami transfer intended to defeat creditors, the transferor and persons claiming under him could resist the transferee's suit for possession by pleading fraud. Where both sides were equally involved in the fraud, the Court refused to assist either party and left the property where it was found, applying public policy rather than enforcing the unlawful bargain. Section 84 of the Indian Trusts Act was held inapplicable because the transferee was not in possession and the case did not fall within its scope; it was also not treated as an exhaustive code governing such disputes. en-us Fri, 22 Sep 1961 00:00:00 +0530 Mon, 06 Jul 2026 16:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199006 In a completed fraudulent benami transfer intended to defeat creditors, the transferor and persons claiming under him could resist the transferee's suit for possession by pleading fraud. Where both sides were equally involved in the fraud, the Court refused to assist either party and left the property where it was found, applying public policy rather than enforcing the unlawful bargain. Section 84 of the Indian Trusts Act was held inapplicable because the transferee was not in possession and the case did not fall within its scope; it was also not treated as an exhaustive code governing such disputes. Case-Laws Indian Laws Fri, 22 Sep 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199006