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2025 (9) TMI 1423
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....ocates ORDER FPA-PBPT-90-93/JP/2024 This batch of appeals have been preferred under Section 46 of the Prohibition of Benami Property Transactions Act, 1988 (in short 'the Act of 1988) to challenge the order dated 26.03.2024 passed by the Adjudicating Authority confirming the Provisional Attachment Order dated 14.03.2023 and answering the three references. Brief facts of the case: 2. The case pertains to a land measuring 0.99 hectare which was sold by Shri Ranjeet Gaurav, Power of Attorney holder of Smt. Kamla Devi, and his wife Smt. Suman Rai to Shri Ramlal Nangalia for a total consideration of Rs. 16,20,000/- (Rs. 6,65,000/- + Rs. 4,10,000/- + Rs. 5,45,000/-) vide Sale Deed dated 28.05.2018. Out of the sale consideration of ....
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....er, for purchase of the land, he borrowed money from Smt. Madhu Soni. The amount of consideration was taken by benamidar Shri Ramlal Nangalia as loan thus could not have been considered to be a case of benami transaction because benamidar got the amount by means provided under the law. If somebody takes a loan for purchase of the property, it cannot be considered to be a benami transaction only for the reason that loan was taken from third party for purchase of the property. The respondents failed to take note of the aforesaid while holding the case of benami transaction. It was a case of the appellants that the seller of the land was not willing to accept the cheques from Shri Ramlal Nangalia and, therefore, payment was arranged through Sm....
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....it is the family of Smt. Madhu Soni, who decided to purchase the property but without Shri Ramlal Nangalia, it could not have been registered in their name because the land was belonging to a Scheduled Caste person thus could have been sold to the Scheduled Caste category person only. The involvement of Shri Ramlal Nangalia was only for that reason because in the year 2014 itself, an application was filed to convert the land from agriculture to non-agriculture. If the agriculture land is converted to non-agriculture, then the rigor of the sale by the SC candidate to the same caste member is lifted. The land can be sold to anyone. However, the conversion of land could not take place till execution of Sale Deed in the name of Shri Ramlal Nang....
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....arned counsel for the appellants submitted that the payment of Rs. 15,10,000/- to the seller was out of the loan taken by the appellant Shri Ramlal Nangalia. The loan amount was not taken directly by the appellant in his name but sent to the seller of the land directly. It otherwise happens if the loan is taken from the bank and transmitted directly to the seller. On the same pattern, loan was taken by the appellant and consideration was directly paid by the loanee. 13. The learned counsel for the appellants admitted that there exists no loan agreement and if it was with the understanding that the loan amount would be directly paid to the seller, there should have been tripartite agreement between the seller, purchaser and the loanee whi....
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....ot be diverted to a seller without involvement of tripartite agreement. In the light of the aforesaid, the Adjudicating Authority answered the reference holding it to be a case of benami transaction and accordingly confirmed the Provisional Attachment Order. 14. The fact in reference to the restriction of the Rajasthan Revenues Law about the sale of the property by the SC to non-SC category fortifies the case of benami transaction. The land was actually purchased for the future benefit of beneficial owner Smt. Madhu Soni and accordingly she made the payment of consideration for transfer of property in the name of benamidar Shri Ramlal Nangalia and it is only for the reason that so called loan amount taken by Shri Ramlal Nangalia was not ....