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october 1964

Supreme Court of India · 1964-10-27

SMT. SURASAIBALINI DEBI vs PHANINDRA MOHAN MAJUMDAR

Citation / case number
SC 1964/90471
Court
Supreme Court of India
Petitioner
SMT. SURASAIBALINI DEBI
Respondent
PHANINDRA MOHAN MAJUMDAR
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the plaintiff, who was the true owner of a boarding house, was entitled to recover possession despite having arranged for the property to be held in the name of the defendant to evade income tax. The Court clarified that the transaction was not unlawful as it was not intended to circumvent the Income-tax Act, and thus the plaintiff's claim was valid. The ruling emphasized that the basis of the plaintiff's claim was independent of the original benami transaction, aligning with the Privy Council's decision in Sajan Singh v. Sardara Ali.

SMT. SURASAIBALINI DEBI vs PHANINDRA MOHAN MAJUMDAR · Niyam