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Issues Involved:
1. Declaration of title and possession. 2. Allegation of benami transaction. 3. Validity and consideration of the sale deed. 4. Financial capability of Abdul Karim. 5. Evidence regarding possession and ownership. 6. Impact of previous legal proceedings on the current case. Detailed Analysis: 1. Declaration of Title and Possession: The plaintiffs-appellants sought a declaration of title and possession of a pucca house in Plot No. 216, Ward III of Samastipur Municipality. They alleged that Abdul Karim (Defendant No. 1) purchased the house in the name of his wife, Mst. Hakimunnissa, but remained the real owner. The trial court decreed in favor of the plaintiffs, declaring the sale deed valid and genuine. However, the High Court reversed this finding, holding that the plaintiffs failed to prove that Mst. Hakimunnissa was merely a benamidar. 2. Allegation of Benami Transaction: The plaintiffs claimed that the house, although purchased in the name of Mst. Hakimunnissa, was actually bought by Abdul Karim using his funds, making her a benamidar. The High Court emphasized that the burden of proving a benami transaction rests on the person asserting it. The evidence must be of a definite character, directly proving the benami nature or establishing circumstances that raise an inference of benami. 3. Validity and Consideration of the Sale Deed: The sale deed dated 25-5-1951 was contested by Defendant No. 2, Mst. Bibi Hazra, who claimed it was fictitious and collusive. The trial court found the sale deed valid and for consideration. However, the High Court noted that the plaintiffs failed to prove that the sale deed was executed with genuine consideration and that Mst. Hakimunnissa was not the real purchaser. 4. Financial Capability of Abdul Karim: The High Court scrutinized Abdul Karim's financial condition, noting his limited income and assets, which contradicted his ability to purchase the house for Rs. 4,300/-. The evidence suggested that Mst. Hakimunnissa had her own means and was financially supported by her first husband and son. The High Court concluded that Abdul Karim could not have financed the purchase, reinforcing the view that Mst. Hakimunnissa was the real purchaser. 5. Evidence Regarding Possession and Ownership: The High Court observed that both Abdul Karim and Mst. Hakimunnissa were in joint possession of the house before and after the sale. The trial court's finding that joint possession was immaterial was upheld. The High Court also noted the lack of evidence showing any motive for a benami transaction. The conduct of the parties and the custody of the title deeds did not support the plaintiffs' claim. 6. Impact of Previous Legal Proceedings on the Current Case: Previous legal proceedings, including a rent suit and an application under s.47 of the Code of Civil Procedure, were examined. The High Court found that these proceedings did not conclusively prove that Mst. Hakimunnissa was a benamidar. The evidence from these cases was outweighed by other determinative circumstances indicating that Mst. Hakimunnissa was the real purchaser. Conclusion: The Supreme Court affirmed the High Court's decision, holding that the plaintiffs failed to prove that Mst. Hakimunnissa was not the real purchaser but a benamidar of her husband, Abdul Karim. The appeal was dismissed with costs. The judgment emphasized the stringent burden of proof required to establish a benami transaction and the importance of credible evidence in such cases.
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