1980 (2) TMI 281

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....tution is directed against the judgment of Madhya Pradesh High Court dated the 11th of April, 1969 reversing the judgment and decree of the trial Court and dismissing the plaintiff's suit. It appears that certain proceeding were taken against Defendant No. 5. husband of the plain tiff, for recovery of sums due to the Government and in consequence the house in suit was attached. The plaintiff c....

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....he husband. A vague allegation of this type seems to have been made in the written statement but no evidence whatsoever has been led to show as to whether there was any such intention on the part of defendant No. 5 Even the date when the sums sought to be recovered became due has not been proved or indicated to the satisfaction of the Court. The trial Court, after a very careful consideration of t....

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.... sources of income, namely, income from agriculture and contracts and that she owned certain movables given to her by her father's sister, Daya Bai. The High Court instead of displacing the reasons given by the trial Court has rejected the oral evidence on a general ground that there were some contradictions here and there and has also misconstrued the documents produced by the plaintiff which....

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..... It was suggested by the state that plaintiff was really a benamidar for Defendant No. 5. Apart from the fact that there was no such plea taken by that state, no issue on this point was suggested by it before the trial Court. In order to prove the benami nature of he transaction the State could have led evidence to show (1) that defendant No. 5 paid the consideration, (2) that he had the custody ....