The burden to prove a benami transaction lies with the claimant, necessitating substantial evidence rather than mere assertions to establish ownership claims under the Code of Civil Procedure.

JUDGMENT :

SANJAY S. AGRAWAL, J.

1. This appeal has been preferred by the plaintiffs under Section 96 of the Code of Civil Procedure, 1908, questioning the legality and propriety of the judgment and decree dated 23.03.2023 passed by the learned First Additional District Judge, Bilaspur (C.G.) in Civil Suit No.62-A/2017, whereby the plaintiffs’ claim has been dismissed. The parties shall be referred hereinafter as per their description before the concerned trial Court.

2. Briefly stated the facts of the case are that the plaintiffs instituted a suit claiming declaration of title and also for the declaration to the effect that the registered deed of sale dated 09.05.2016 executed by defendant No.1 - Smt. Rambai in favor of defendant No.2 – Rajesh be declared as null and void and also for possession of the suit land with a further relief of issuance of permanent injunction against the defendants from interference of their peaceful possession. According to the plaintiffs, the land bearing Khasra Nos.1072/1, 1072/3 and 1080 admeasuring 1 acre, 0.07 acre and 1.93 acres respectively, total admeasuring 3 acres situated at Village Mauja Jalso, Tehsil and District Bilaspur was purchased by Ramphal Verma, who was husband of plaintiff No.1 from one Makrand Prasad Verma under the registered deed of sale, dated 16.03.2005 in the name of defendant No.1- Smt. Rambai and, likewise, land bearing Khasra No. 1673/3 admeasuring 1.10 acres was purchased from one Gaukaran, Virendra Verma and Viptu in her name under the registered deed of sale, dated 17.01.2006 and, land bearing Khasra Nos. 1352, 1353 and 1356 admeasuring 1 acre, 0.18 acre and 0.78 acre, respectively from Bodhiram in the name of said Smt. Rambai under the registered deed of sale, dated 17.02.2009 and Khasra No.1362/3 admeasuring 0.63 acre was also purchased by him on the same day in her name from one Jamuna Bai under the registered deed of sale, dated 17.02.2009 and, the land bearing Khasra No.1376/1 admeasuring 1.16 acres of the said Village was purchased from Triveni Bai in the name of Smt. Sukrita Verma, defendant No.3, who is the daughter-in-law of his brother for love and affection under the registered deed of sale dated 27.01.2009. The alleged suit lands described in detail at plaint para 2 were purchased by said Ramphal, while working as a lineman in Chhattisgarh State Electricity Board and that by doing money landing business, who started living separately because of occurrence of some differences with his first wife, i.e., plaintiff No.1 – Kanti Bai and got married with said defendant No.1 – Smt. Rambai by way of Chudi Pratha. It is pleaded further that since the alleged suit land was purchased by her said husband, therefore, upon his sad demise on 26.02.2016, they became the absolute owner of it, as such, the registered deed of sale, dated 09.05.2016 executed by defendant No.1- Smt. Rambai in favour of defendant No.2 – Rajesh deserves to be declared as null and void.

3. The aforesaid claim was contested by the defendants, while denying specifically that the alleged suit land was purchased by said Ramphal Verma in the names of defendant No.1 – Smt. Rambai and defendant No.3 – Smt. Sukrita and, contended further that the alleged suit land except the land bearing Khasra No.1376/1 admeasuring 1.16 acres, was purchased by defendant No.1 – Smt. Rambai from her Istridhan, while, the land bearing Khasra No.1376/1 admeasuring 1.16 acres was purchased by defendant No.3 though her husband – Rajesh Kumar, therefore, the claim of the plaintiffs deserves to be dismissed.

4. The trial Court, after considering the evidence led by the partie