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The appellants did not prove that the transaction (to which they were not parties) wasbenami; on the contrary, the appellant's argument was merely that the transaction could not be said to be for a consideration in excess of Rs. 1,30,000/-:in the context of a defense in a suit for money decree.The defendant/appellants never said that the plaintiff or someone other than the purchaser was the real owner; nor was the interest in the property, the subject matter of the recovery suit. Therefore, in the opinion of this court, the conclusions and the findings in the impugned judgment are justified.

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Sec. 3 of the Prohibition of Benami Property Transactions Act, 1988 - Prohibition of benami transactions - Through SLP, Appellnt challenged the decision of the High Court by which a suit for recovery of Rs. 80,000/- was decreed in appeal. The impugned judgment set aside the judgment and decree of the trial court. It is well-settled that intention of the parties is the essence of the benami transaction and the money must have been provided by the party invoking the doctrine of benami. Supreme Court dismissed the SLP of the appellant holding that ”The evidence shows clearly that the original Plaintiff did not have any justification for purchasing the property in the name of Ramayee Ammal. The reason given by him is not at all acceptable. The source of money is not at all traceable to the Plaintiff. No person named in the plaint or anyone else was examined as a witness. The failure of the Plaintiff to examine the relevant witnesses completely demolishes his case“. - FAIR COMMUNICATION & CONSULTANTS V/s SURENDRA KARDILE - [2020] 269 TAXMAN 453 (SC)

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