1980 (2) TMI 281

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..... sh 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 claimed release of the property on the ground that the h .....

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..... ve 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 the evidence of the plaintiff and the documents produced .....

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..... 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 were in the nature of applications to the municipa .....

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..... 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 of the sale deed. (3) that he was in possession of .....

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..... of plaintiff in respect of the house in absence of any plea of benami or evidence by the state to show that Defendant No. 5 was the real purchaser. For these reasons we find ourselves unable to agree with the decision of the High Court and hold that in dismissing the plaintiff's case, it has committed an error of Jaw. The Appeal is allowed, the judgment and decree of the High Court are set asi .....

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