SMT. SATYA GUPTA@MADHU GUPTA versus BRIJESH KUMAR

SMT. SATYA GUPTA@MADHU GUPTA versus BRIJESH KUMAR

The High Court erred in upsetting the facts found by the Lower Appellate Court, which were based on adequate evidence and proper legal principles regarding benami transactions, by illegally re-appreciating the evidence in second appeal. Such re-examination is not permitted under Section 100 of the Code of Civil Procedure.

Parties
Appellant: Smt. Satya Gupta @ Madhu Gupta; Respondent: Brijesh Kumar
Jurisdiction
India
Judgment Date
14 August 1998
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment in Second Appeal From Lower Appellate Court
Outcome
Appeal allowed; judgment of High Court set aside; judgment of Lower Appellate Court restored.
Legal Topics
Benami Transactions, Partition, Burden of Proof
Property Law Civil Procedure Benami Transactions Partition Burden of Proof

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Parties

Smt. Satya Gupta @ Madhu Gupta

Appellant

Brijesh Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment in Second Appeal From Lower Appellate Court

Legal Issues

  1. 1 Whether the property purchased in joint names was a benami transaction
  2. 2 Whether the High Court was justified in reversing the factual findings of the Lower Appellate Court in second appeal

Ratio Decidendi

The High Court erred in upsetting the facts found by the Lower Appellate Court, which were based on adequate evidence and proper legal principles regarding benami transactions, by illegally re-appreciating the evidence in second appeal. Such re-examination is not permitted under Section 100 of the Code of Civil Procedure.

Court Disposition

Appeal allowed; judgment of High Court set aside; judgment of Lower Appellate Court restored.

Orders

  • Judgment of the High Court under appeal is set aside.
  • Judgment of the Lower Appellate Court in First Appeal No. 130 of 1963 is restored.