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KSHITIJ SHAILENDRA
Rama Shankar – Appellant
Versus
Lala Waziri Lal – Respondent
JUDGMENT :
(Kshitij Shailendra, J.)
1. Summons were duly published in daily newspaper Amar Ujala in compliance of order dated 09.12.2022. Compliance affidavit supported by original newspaper is on record. Service of notice upon respondent nos.1/1 and 1/2 is, therefore, held to be sufficient. No one has filed vakalatnama on their behalf.
2. Appeal is ripe for final hearing. The Court, therefore, proceeds to finally decide the appeal.
3. Heard Sri Anil Sharma, learned Senior Counsel assisted by Sri Ramesh Kumar, learned counsel for the defendant-appellants and perused the record.
4. The instant second appeal raises a challenge to the judgment and decree dated 06.04.1979 whereby, the first appellate court has set aside the judgment of the trial court and decreed the suit filed by the plaintiff-respondents for recovery of possession of immovable property and damages.
5. The relevant facts of the present case are that one Kuremal had three sons namely, Dwarika Prasad, Waziri Lal and Banke Lal. Dwarika Prasad had a daughter namely, Kamlawati, who was married to one Ram Narayan. This couple had three sons namely, Rama Shankar, Ravi Shankar and Rati Shankar. Waziri Lal, i.e. real brother of Dwar
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 a benami transaction lies heavily on the party alleging it, and the intention of the parties involved is crucial. Perversity in the lower court's findings is necessary to inter....
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 proof in claiming a property as a benami lies on the person alleging it, and presumption favors the name holder unless proven otherwise.
The court emphasized that in ex parte cases, the plaintiff must prove their claims, and the statutory presumption under the Benami Transactions Act favors the spouse unless rebutted.
A plaintiff claiming a benami transaction bears the burden of proof, and the absence of credible evidence can lead to dismissal of the claim.
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