Supreme Court of India · 1979-12-21
BHIM SINGH & ANR. vs KAN SINGH(AND VICE VERSA)
- Citation / case number
- SC 1971/60100
- Court
- Supreme Court of India
- Petitioner
- BHIM SINGH & ANR.
- Respondent
- KAN SINGH(AND VICE VERSA)
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that the transaction in question was not a benami transaction, clarifying that a benami transaction occurs when property is bought with one's own money but in another's name without intending to benefit that person. The Court emphasized that the deceased brother intended to constitute plaintiff no. 2 as the absolute owner of the property, thus rejecting the High Court's finding that the property was acquired without intention to confer beneficial interest. The Court upheld the trial court's decision that the plaintiffs were the rightful owners of the property based on the patta issued in their names, affirming their possession until 1956.