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february 2009

Supreme Court of India · 2009-02-10

VIJAY KUMAR vs DHARAM PAL .

Citation / case number
SC 2006/27074
Court
Supreme Court of India
Petitioner
VIJAY KUMAR
Respondent
DHARAM PAL .
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court upheld the decision of the lower courts affirming that Dharam Pal, Respondent No.1, was the rightful owner of the properties based on the sale deeds dated 24th April 1959 and 12th June 1959. The Court ruled that the appellants' claim of ownership based on a benami transaction was invalid under the Benami Transactions (Prevention) Act, 1988, which has retrospective effect. The Court confirmed the lower courts' findings and dismissed the appeal, reinforcing the legal principle that ownership is determined by the name on the title deeds.

VIJAY KUMAR vs DHARAM PAL . · Niyam