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    <title>2020 (9) TMI 719 - MADRAS HIGH COURT</title>
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    <description>A challenge to a registered sale deed as sham, nominal, or benami requires strict proof, because a duly executed registered instrument carries a presumption of genuineness; the plaintiff failed to rebut that presumption, and the attack on later conveyances failed. A plea of adverse possession must be supported by clear pleadings and evidence showing the date of hostile possession, its continuity, exclusivity, and the owner&#039;s knowledge; those requirements were not met, so the plea failed. A suit filed many years after the impugned sale deed, without a timely prayer to set it aside, was held barred by limitation. The plaintiff&#039;s suit for declaration and injunction therefore failed on merits and limitation.</description>
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    <pubDate>Tue, 04 Feb 2020 00:00:00 +0530</pubDate>
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      <title>2020 (9) TMI 719 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=398600</link>
      <description>A challenge to a registered sale deed as sham, nominal, or benami requires strict proof, because a duly executed registered instrument carries a presumption of genuineness; the plaintiff failed to rebut that presumption, and the attack on later conveyances failed. A plea of adverse possession must be supported by clear pleadings and evidence showing the date of hostile possession, its continuity, exclusivity, and the owner&#039;s knowledge; those requirements were not met, so the plea failed. A suit filed many years after the impugned sale deed, without a timely prayer to set it aside, was held barred by limitation. The plaintiff&#039;s suit for declaration and injunction therefore failed on merits and limitation.</description>
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      <law>Benami Property</law>
      <pubDate>Tue, 04 Feb 2020 00:00:00 +0530</pubDate>
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