https://www.taxtmi.com/caselaws?id=457375 A plea of benami will displace the presumption that the ostensible purchaser is the owner only when proved by clear and convincing evidence, including the source of consideration, possession, motive, relationship, custody of title deeds and subsequent conduct; on the facts, the sale deed was held not to be benami and title could not be claimed on that basis. In second appeal, interference with factual findings is confined to cases of perversity or absence of evidence under Section 100 CPC; the first appellate court's findings on title and possession were reasoned and evidence-based, so no substantial question of law arose and the plaintiff's claims for declaration, possession and injunction failed. en-us Mon, 14 Mar 2022 00:00:00 +0530 Wed, 18 Sep 2024 13:32:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457375 A plea of benami will displace the presumption that the ostensible purchaser is the owner only when proved by clear and convincing evidence, including the source of consideration, possession, motive, relationship, custody of title deeds and subsequent conduct; on the facts, the sale deed was held not to be benami and title could not be claimed on that basis. In second appeal, interference with factual findings is confined to cases of perversity or absence of evidence under Section 100 CPC; the first appellate court's findings on title and possession were reasoned and evidence-based, so no substantial question of law arose and the plaintiff's claims for declaration, possession and injunction failed. Case-Laws Benami Property Mon, 14 Mar 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457375