9911796707
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Issues Involved:
1. Title of the suit flat. 2. Transfer of the suit flat to the plaintiff's mother. 3. Validity of the Will dated 4th July 1977. 4. Application of the Benami Transactions (Prohibition) Act, 1988. Issue-wise Detailed Analysis: 1. Title of the Suit Flat: The plaintiff filed a suit for declaration of title and eviction of the defendant from the suit flat. The trial court declared the plaintiff as the title holder of the suit flat and directed the defendant to hand over vacant possession. The plaintiff claimed to have purchased the flat from Mr. and Mrs. Khosla for Rs. 50,000/- and paid the entire amount from his resources. The defendant contended that the flat was purchased by their mother, Smt. Shalinibai Dattajirao Jadhav, from her own funds. The trial court found that the plaintiff had indeed purchased the flat with his own money and was the real owner. 2. Transfer of the Suit Flat to the Plaintiff's Mother: The plaintiff argued that the flat was nominally transferred to his mother to comply with the society's rule that no member could hold two flats. This understanding was documented in a writing dated 10th March 1975 (Exhibit "80"), signed by the mother, acknowledging that the plaintiff remained the owner. The trial court accepted this argument, stating that the transfer was nominal and without consideration. The appellate court confirmed this finding, emphasizing that the plaintiff's mother had no title to the flat and the transfer was merely for convenience. 3. Validity of the Will Dated 4th July 1977: The defendant relied on a Will dated 4th July 1977, purportedly bequeathing the flat to her. The trial court held the Will void concerning the flat, as the mother had no right, title, or interest to bequeath it. The appellate court agreed, noting that the mother could not dispose of the flat through the Will since she was not the owner. 4. Application of the Benami Transactions (Prohibition) Act, 1988: The defendant argued that the plaintiff's claim was barred by the Benami Transactions (Prohibition) Act, 1988. The appellate court analyzed the definitions and provisions of the Act, concluding that the transaction in question was not a benami transaction as defined by the Act. The court held that the Act did not apply to nominal or sham transfers without consideration, and since the plaintiff had paid the entire consideration, the transaction was not benami. Conclusion: The appellate court dismissed the appeal, confirming the trial court's findings that the plaintiff was the real owner of the suit flat, the transfer to the mother was nominal, and the Will was void regarding the flat. The court also rejected the applicability of the Benami Transactions (Prohibition) Act, 1988, to the case. The decree for possession was made executable forthwith, and the trial court was directed to determine mesne profits expeditiously. The appeal was dismissed with costs, and the application for a stay was refused.
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