Supreme Court of India

Vijay Kumar & Anr. v. Dharam Pal & Ors.

Neutral citation
Reported as [2009] 2 S.C.R. 1
Bench Altamas Kabir and Cyriac Joseph JJ.
Decided 10 February 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid finding, the High Court dis- . missed the Second appeal, which had been filed by the defen­ B dants who are the appellants herein. ,.

Judgment, page 6

From the headnote

Possession - Suit for possession - Plea of defendants that the property in question was purchased benami in the name of plaintiff and the defendants themselves were the real owners - Trial Court negated the plea of benami on ground . that such plea was not available after enactment of the Act, and upon considering the evidence led by the parties, came to a finding that the plaintiff owned the suit property and de­ creed the suit - Order upheld by First Appellate Court and 1 1 High Court - Held: The Courts below erred in applying the provisions of the Act to the suit, since it had been filed

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