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In Re: (Yeleswarapu) Gangamma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad980
AppellantIn Re: (Yeleswarapu) Gangamma
Cases ReferredBilas Kunwar v. Desraj Ranjit Singh A.I.R.
Excerpt:
- 1. the courts below have found that the sale was not benami. it. is open to them to find from all the facts appearing in the case (including the custody of the document) that the sale was really in favour of plaintiff even if the purchase-money was actually paid by the 3rd defendant. there is no rule of law laid down in bilas kunwar v. desraj ranjit singh a.i.r. 1915 p.c. 96 regarding the custody of documents. it cannot be regarded as a decision on the facts. in considering whether a purchase is benami, the source of the money is only one criterion.2. the second appeal is dismissed.
Judgment:

1. The Courts below have found that the sale was not benami. It. is open to them to find from all the facts appearing in the case (including the custody of the document) that the sale was really in favour of plaintiff even if the purchase-money was actually paid by the 3rd defendant. There is no rule of law laid down in Bilas Kunwar v. Desraj Ranjit Singh A.I.R. 1915 P.C. 96 regarding the custody of documents. It cannot be regarded as a decision on the facts. In considering whether a purchase is benami, the source of the money is only one criterion.

2. The second appeal is dismissed.


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