MOHAN LAL Vs. RAM MURTI

JUDGEMENT

(1.) The plaintiff-respondents Ram Murti and Joginder Kumari filed a suit for declaration that the sale deed dated April 29, 1972 in respect of House No. 3015, Sector 28-D, Chandigarh in favour of defendant - Om Parkash, was void. They prayed for possession and recovery of mesne profits. The learned trial Court decreed the suit. The appeal filed by the defendants having been dismissed, they have approached this Court through the present second appeal.

(2.) The learned trial Court had framed the following issues :-

(3.) After recording the evidence, it was held that the plaintiff - respondents were not benamidars and were actually owners of the house as they had purchased it in 1969. It was further held that the power of attorney dated March 27, 1972 was obtained on the basis of misrepresentation. Accordingly, the sale deed dated April 29, 1972 was held to be a sham transaction. As a result, the suit was decreed. In the appeal filed by the defendant - appellants, it was urged that there was no evidence that Ram Murti had made any payment to Om Parkash and as such, the purchase of the property by the plaintiff-respondents was actually benami and that Om Parkash, the appellant was the real owner of the property. On examination of the evidence, this contention was rejected.