Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Accommodation Control Act, 1961 (14 of 1961) Benami Transactions (prohibition) Act, 1988 (45 of 1988) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 : S.11 - Bar of res judicata - Sale deed - Transfer of suit building - Default in payment of rent by tenant - Eviction suit - Tenant raising a plea that sale was benami transaction - Trial Court holding the transferee to be real owner - Suit dismissed as arrears of rent deposited - Filing of another eviction suit on the ground of bonafide requirement - Tenant re-agitating the issue of transferee's title to the suit building - Maintainability of - Held, the findings of the trial court in the first suit that transferee is the real owner had become final - Tenant could have challenged the said finding in appeal - Transferee's title cannot be re-agitated in subsequent suit as it is barred by res judicata - Madhya Pradesh Accommodation Control Act, 1961 - S. 12 (1) (a) & (b) - Benami Transaction (Prohibition) Act, 1988 S. 3 S. 11 - Rule of Res judicata - Applicability of.Benami transaction (Prohibition) Act, 1988 S. 2(a) - Sale deed - Transfer of suit property - Sale consideration provided by father of transferee - Held, such sale would not become a benami transaction. S. 3(1) - Sale Deed - Transfer of suit property - Tenant's plea that sale transaction was benami - Onus to prove -Held, lies on the person who alleges the sale transaction to be benami - Evidence Act, 1872 - S. 106. Words & Phrases "Paid or Provided" - Meaning and interpretation of in the context of S.2(a) of Benami Transaction (Prohibition) Act, 1988. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 195 |
Petitioner | Pawan Kumar Gupta |
Respondent | Rochiram Nagdeo |
SCR | [1999] 2 S.C.R. 767 |
Judgement Date | 1999-04-20 |
Case Number | 2369 |
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