VRAJLAL J GANATRA Vs. PURUSHOTTAM S SHAH

JUDGEMENT

(1.) . The appellant-plaintiff filed Special Civil Suit No. 60 of 1981 in the Court of learned Civil Judge, Senior Division, Junagadh praying for a declaration that he is the real owner of the suit land and that the defendant is merely, a benamidar of the plaintiff and that the defendant does not have the right of ownership in the suit property. The trial Court raised 14 issues, All of them were decided against the plaintiff. it was held that the defendant is the real owner and the plaintiff had failed to prove that the defendant was merely a benamidar and that the plaintiff was the real owner. The trial Court also held that the suit was time barred. The trial Court also held that the plaintiff has failed to prove that he has made a legal and valid declaration at the relevant time before the Income-tax authorities under Sec. 281-A of the Income-tax Act.

(2.) . The crucial questions arising in this appeal are : (i) Whether the suit transaction was benami and whether the plaintiff has been the real owner and defendant a mere benamidar ? (ii) Whether the suit is in time ? (iii) Whether the plaintiff is in possession of the suit land ?

(3.) . Ex. 66 dated 16-12-1963 is a registered sale deed in favour of and in the name of the defendant. It is executed by Vithalji Jivan for a sum of Rs. 13,000/-. The present plaintiff is one of the attesting witnesses, but the document is clearly and admittedly a registered sale deed by third party in the name of the defendant. The case of the plaintiff is that he is dealing in land and the defendant was dealing in lending money and whenever he wanted money for purchasing the land, the defendant would advance money to the plaintiff and the plaintiff would purchase the property and the sale deed would be executed and registered in the name of the defendant and the defendant would retain the property as a security and as and when the amount of the defendant is paid up, the defendant would reconvey the Property to the plaintiff or execute conveyance in favour of any nominee of the plaintiff.