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TMI Blog2022 (5) TMI 263X X X X Extracts X X X X X X X X Extracts X X X X ..... r Dutta is the co-sharer in respect of the property over which Sanat Kumar Dutta is claiming absolute ownership. D.W.-1 is the wife of Sanat Kumar Dutta. Moreover, as noticed earlier D.W.-1 has admitted to have received fund from Chanchal Kumar Dutta to raise certain constructions in the house which would demolish the case of exclusivity of Sanat Kumar Dutta in relation to the property in question. We have carefully examined the evidence. We do not find from evidence that the appellants have able to satisfy the aforesaid two conditions in claiming as the true owner of the suit property. On such lack of evidence and establishing his right over the property as owner thereof or that such consideration money was paid by him alone, we do not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 4(3) of the Prohibition of Benami Property Transactions Act, 1988 to contend that once it is established that the property is purchased in the name of the wife of the plaintiff that the said property was held as a trustee for the benefit of his brother and the two wives, the Trial Court is required to consider the said property as an exclusive property of Sanat Kumar Dutta. There cannot be any dispute that when the suit was filed, the unamended provisions were applicable to the plaintiff. However, the plaintiff has to establish that he has purchased the property in the name of wife or that he is holding the said property as a trustee for the benefit of his elder brother and the wives of the two brothers. The learned Counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he wife of Sanat Kumar Dutta. Moreover, as noticed earlier D.W.-1 has admitted to have received fund from Chanchal Kumar Dutta to raise certain constructions in the house which would demolish the case of exclusivity of Sanat Kumar Dutta in relation to the property in question. We have carefully examined the evidence. We do not find from evidence that the appellants have able to satisfy the aforesaid two conditions in claiming as the true owner of the suit property. On such lack of evidence and establishing his right over the property as owner thereof or that such consideration money was paid by him alone, we do not find any reason to interfere with the order passed by the learned Civil Judge (Senior Division), 1st Court, Alipore, South 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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