Mithilesh vs Prem Behari Khare - 1989 Supreme(SC) 98

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1989 Supreme(SC) 98

Mithilesh – Appellant
Versus
Prem Behari Khare – Respondent

Advocates:
AVADH BIHARI ROHTAGI, N.N.SHARMA, RANI CHHABRA, YOGESHAR PRASAD

JUDGMENT

K. N. SAIKIA, J. :— This appeal by special leave is from the judgment and order dated 27-3-1978 of the High Court of judicature at Allahabad (Lucknow Bench), in second appeal No. 130 of 1975, dismissing the appeal and upholding the decree of the plaintiff-respondents suit.

2. The plaintiff-respondent Prem Behari Khare instituted suit No. 42 of 1971 in the Court of Civil Judge, Mohanlal Gunj, Lucknow praying for the reliefs, inter alia, that he be declarel to be the sole and real owner of the suit house; and that the defendant-appellant be, permanently restrained from transferring the suit house. The learned Civil Judge, Lucknow, by his judgment dated 13-3-1974 decreed the suit declaring the plaintiff to be the sole and real owner of the suit house and permanently restraining the defendant from transferring the suit house to any other person. On first appeal by the defendant-appellant the learned Additional District Judge, Lucknow by his judgment dated 23-12-1974 dismissed the appeal agreeing with the findings of the trial court that it was the plaintiff-respondent who paid the consideration and purchased the suit house benami in the name of the defendant- appellant who, the