https://www.taxtmi.com/caselaws?id=393962 A civil suit for declaration of title was held maintainable despite alternative references to tenancy, because Order VII Rule 7 CPC permits alternative reliefs where the pleas are legally sustainable and the plaint as a whole relied on a registered settlement deed. The plea of benami failed because the party alleging benami bears the burden of proof, and the evidence was insufficient to displace the plaintiff's title under the registered instrument. The suit was also not barred by Section 51C of the West Bengal Land Reforms Act, 1955, since a finally published record of rights does not by itself oust civil court jurisdiction to decide title and consequential revenue entries. en-us Wed, 05 Feb 2020 00:00:00 +0530 Thu, 26 Mar 2020 12:21:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393962 A civil suit for declaration of title was held maintainable despite alternative references to tenancy, because Order VII Rule 7 CPC permits alternative reliefs where the pleas are legally sustainable and the plaint as a whole relied on a registered settlement deed. The plea of benami failed because the party alleging benami bears the burden of proof, and the evidence was insufficient to displace the plaintiff's title under the registered instrument. The suit was also not barred by Section 51C of the West Bengal Land Reforms Act, 1955, since a finally published record of rights does not by itself oust civil court jurisdiction to decide title and consequential revenue entries. Case-Laws Benami Property Wed, 05 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393962