S.B.SINHA, MARKANDEY KATJU
Binapani Paul – Appellant
Versus
Pratima Ghosh – Respondent
The ratio of the judgment primarily revolves around the principles for determining whether a transaction is benami or not. The court emphasizes that the core issue is the intention of the parties involved, which must be inferred from the totality of the surrounding circumstances, including the relationship between the parties, the source of funds, the conduct of the parties after the transaction, and the nature of possession and title. It underscores that the burden of proof lies on the person alleging the transaction to be benami. The court also highlights that the presumption that the apparent state of affairs reflects the true ownership can be rebutted only through cogent evidence, and that the intention of the person providing the funds is a significant factor. Furthermore, the judgment clarifies that the intention behind the transaction, the surrounding circumstances at the time, and subsequent conduct are crucial in ascertaining whether a property held in a name is benami or not. The decision stresses that no single factor is determinative, but a combination of factors must be considered to arrive at the conclusion, and that the transaction's character cannot be solely inferred from the manner of registration or mutation of names.
JUDGMENT
S.B. SINHA, J :
One Dr. Ashutosh Ghosh (Dr. Ghosh), a Physician practising at Rangoon was a prosperous person. He purchased two immovable properties in Calcutta in the year 1927 situate at 79/3-A and 79/3-B, Lower Circular Road, Calcutta, in his own name. Suprovabala was his wife. They at the relevant time had seven daughters, including the appellant herein and a son named, Amal. Respondent Nos. 1 and 2 are his wife and daughter. Suprovabala intended to purchase the premises situate at No. 24, Convent Road, Calcutta belonging to the estate of Late Edwin St. Clair Vallentine. She executed a power of attorney in favour of one Atul Chandra Ghosh, brother of Dr. Ghosh, the relevant portion whereof reads as under:
"Whereas I have decided to purchase premises No.24, Convent Road, Calcutta, belongings to the Estate of Late Mr. Edwin St. Chair Vallente at the price of Rs.26000/- (Rupees Twenty Six thousand only) but the agreement for sale has not yet been entered into with the Administration General of Bengal as Administrator to the Estate of Edwin St. Clair Vallente now therefore know. Yet that I hereby appoint Atul Chandra Ghosh of 79/3-A, Lower Circular Road, Calcutta my at
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