VIJAY KUMAR & ANR. versus DHARAM PAL & ORS.

VIJAY KUMAR & ANR. versus DHARAM PAL & ORS.

The suit was not barred by the Benami Transactions (Prohibition) Act, 1988, as it was filed prior to the Act coming into effect; irrespective of the Act's applicability, Respondent No.1 was proved to be the owner of the suit property based on evidence.

Parties
Appellant: Vijay Kumar; Respondent No.1: Dharam Pal
Jurisdiction
India
Judgment Date
10 February 2009
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Benami Transactions, Suit for Possession
Civil Law Property Law Benami Transactions Suit for Possession

Case Brief

Summary, issues, holding and outcome

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Parties

Vijay Kumar

Appellant

Dharam Pal

Respondent No.1

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether the suit was barred under Section 4 of the Benami Transactions (Prohibition) Act, 1988
  2. 2 Whether Respondent No.1 is the owner of the suit properties

Ratio Decidendi

The suit was not barred by the Benami Transactions (Prohibition) Act, 1988, as it was filed prior to the Act coming into effect; irrespective of the Act's applicability, Respondent No.1 was proved to be the owner of the suit property based on evidence.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs