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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, AMITENDRA KISHORE PRASAD
Kanti Bai (Died and Deleted) – Appellant
Versus
Ram Bai W/o Late Ramphal Verma – Respondent
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 Ramp
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.
The burden of proving a benami transaction rests on the party asserting the plea, and the defendants failed to discharge this burden.
The burden of proving a transaction as benami lies on the person asserting it, requiring clear evidence and pleadings to support such claims.
Benami Transaction – One who alleges that a property is benami and is held, nominally, on behalf of real owner, has to displace initial burden of proving that fact.
The burden of proof in claiming a property as a benami lies on the person alleging it, and presumption favors the name holder unless proven otherwise.
In partition suits concerning benami transactions, the burden of proving such claims lies with the defendants; failure to do so results in equal distribution of shares among legal heirs.
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