Supreme Court of India · 1973-10-19
JAYDAYAL PODDAR (DECEASED) THROUGH HIS L.RS ANDANOTHER vs MST. BIBI HAZRA AND ORS.
- Citation / case number
- SC 1967/281
- Court
- Supreme Court of India
- Petitioner
- JAYDAYAL PODDAR (DECEASED) THROUGH HIS L.RS ANDANOTHER
- Respondent
- MST. BIBI HAZRA AND ORS.
- Bench
- SARKARIA, RANJIT SINGH
Judgment text excerpt
The Supreme Court held that the plaintiffs failed to prove that Mst. Hakimunnissa was merely a benamidar for Abdul Karim in the purchase of the house under the sale deed dated 10-5-1941, as required under the principles of property law. The Court emphasized the need for clear evidence to establish the benami nature of the transaction, ultimately upholding the High Court's decision to dismiss the plaintiffs' suit regarding the 12 annas share of Bibi Hazra. The ruling clarified the legal standards for determining ownership in benami transactions under Indian law.