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V. Suseelan vs T.P. Leela on 22 January, 2004 cites

Smt. Surasaibalini Debi vs Phanindra Mohan Majumdar on 27 October, 1964

A Constitution Bench of the Supreme Court in Surasaibalini Debi v. Phanindra Mohan Majumdar AIR 1965 SC 1364 reiterated the above proposition of law. The Supreme Court in the above decision held that even though the source of the funds from which the purchase is made is one of the consideration, the manner of enjoyment of the property is a very important factor for establishing the case of benami and the mere proof of the source of the purchase money would not finally establish the benami nature of the defendant's title. The court will presume an ostensible owner to be the real owner unless a plaintiff who seeks to assert the contrary pleads and proves that the ostensible owner is not the real owner.
Supreme Court of India Cites 6 - Cited by 60 - J C Shah - Full Document

Jaydayal Poddar (Deceased) Through His ... vs Mst. Bibi Hazra And Ors on 19 October, 1973

In Jaydayal Poddar v. Mst. Bibi Hazra AIR 1974 SC 171, the Supreme Court again reiterated the above position and held that it is well settled that the burden of proving that a particular sate is benami and the apparent purchaser is not the real owner, always rests on the person asserting it to be so. This burden has to be strictly discharged by adducing legal evidence of a definite character which would either directly prove the fact of benami or establish circumstances unerringly and reasonably raising an inference of that fact. The Supreme Court further held that a deed is a solemn document prepared and executed after considerable deliberation and the person expressly shown as the purchaser or transferee in the deed starts with the initial presumption in his favour that the apparent state of affairs is the real state of affairs. The nature of possession of the property after purchase, the motive, if any, for giving the transaction a benami colour, position of the parties and their relationships, custody of the title deeds after the sale and the conduct of the parties concerned in dealing with the property after sale are also important factors in determining the nature of transaction apart from the origin of money.
Supreme Court of India Cites 4 - Cited by 169 - R S Sarkaria - Full Document
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