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MEENAKSHI MADAN RAI
Ashok Kumar Subba – Appellant
Versus
Kamal Kumari Subba – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The Appellant herein filed a Suit before the Learned Trial Court being Title Suit No.33 of 2014, claiming to be the owner of four and half storeys of a five storied building, standing on two contiguous plots of land in Gangtok, East Sikkim. That, the suit premises were acquired by him in the name of his wife in the year 2005, having obtained Bank loan in his wife's name and paid the consideration amount of Rs.90,00,000/- (Rupees ninety lakhs) only. He stood as Guarantor for the loan in terms of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Being in the business of lottery, he repaid a sum of 45,88,461/- (Rupees forty five lakhs, eighty eight thousand, four hundred and sixty one) only, to the Bank from his own resources, but an amount of Rs.64,71,000/- (Rupees sixty four lakhs and seventy one thousand) only, was not disbursed by the lender Bank leading to acute financial crisis for the Appellant. Consequently, both he and the Respondent No.1, his wife, decided to dispose of the suit premises to the Respondent No.2 at a consideration value of Rs.3,00,00,000/- (Rupees three crores) only, vide
A claimant must provide concrete evidence to establish ownership in cases of alleged benami transactions, failing which the courts will uphold the existing title.
The court held that non-filing of a Written Statement can constitute admission but does not bar defense through cross-examination, emphasizing the necessity of documentary proof for ownership claims.
The burden of proving a benami transaction rests on the party asserting the plea, and the defendants failed to discharge this burden.
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 court held that a claim for property belonging to a joint Hindu family is not barred as benami under the Prohibition of Benami Property Transactions Act when purchased with family funds, requirin....
The burden of proof lies with the plaintiff to establish a property as benami, which was not satisfied in this case.
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