AIR 1957 HYDERABAD 37 ::ILR (1956) Hyd 733

Hyderabad High Court

Hon'ble Judge(s): Siadat Ali Khan, Kumarayya , JJ

(A) Evidence Act (1 of 1872) , S.101, S.102, S.103, S.104— Benami. Civil P.C. (5 of 1908) , O.6 R.4— Evidently, benami cannot be a matter of mere presumption. It should be averred in the pleadings and proved. The proof of benami, rests not only on the relevant circumstances but also on direct proof. In the absence of convincing direct proof, the circumstantial evidence may clinch the issue. In the absence of all other relevant circumstances the criterion in the cases of benami in India is to consider from what source the money comes with which the purchase money is paid.(Para 7) Anno : C J. I., Evidence Act, Ss. 101 to 104, N. 30. AIR Com., Civil P. C., O. 6, R. 4, N. 6. @page-Hyd38 (B) Transfer of Property Act (4 of 1882) , S.54— Sale or agreement for sale - Registration. Where the title deed on which the suit is based is described as an agreement to sell and contains a stipulation that a formal sale-deed will be duly executed and registered within two months thereafter, the document taken as a whole cannot be construed as mere contract of a sale which shall take place on terms settled therein if it evidences actual transfer of ownership and also the possession of the property for t....