Smt.A.R.Hemavathy (Died) Per Lr A-2 vs A.D.Venkatesh on 12 March, 2026

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    ADVERTISEMENT

    Telangana High Court

    Smt.A.R.Hemavathy (Died) Per Lr A-2 vs A.D.Venkatesh on 12 March, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

           THE HONOURABLE SRI JUSTICE K. LAKSHMAN
                            AND
    THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
    
                  City Civil Court Appeal No. 291 of 2003
                                    and
          Civil Revision Petition Nos. 5194, 5329 and 6495 of 2005
    
                                  DATE: 12.03.2026
    
                      City Civil Court Appeal No. 291 of 2003
     Between:
    
     Smt. A.R. Hemavathy (died) per LRs and others          ... Appellants
                                      And
     A.D. Venkatesh                                         ... Respondent
    
                      Civil Revision Petition No. 5194 of 2005
     Between:
    
     A.R. Jagannath and another                             ... Petitioners
                                        And
     A.D. Venkatesh and another                             ... Respondents
    
                      Civil Revision Petition No. 5329 of 2005
     Between:
    
     A.R. Jagannath and another                             ... Petitioners
                                        And
     A.D. Venkatesh                                         ... Respondent
    
                      Civil Revision Petition No. 6495 of 2005
     Between:
    
     A.R. Jagannath and another                             ... Petitioners
                                        And
     A.D. Venkatesh                                         ... Respondent
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                                                                  KL, J & VRKR, J
                                                              CCCA_291_2003 batch
    
    
    
    
    COMMON JUDGMENT:

    (Per Honourable Sri Justice Vakiti Ramakrishna Reddy)

    The present appeal, being C.C.C.A. No. 291 of 2003 is

    SPONSORED

    preferred by the Appellant/Plaintiff against the Judgment and Decree

    dated 09.06.2003 passed in O.S. No. 124 of 1999, on the file of the I

    Additional Chief Judge, City Civil Court at Secunderabad, whereby

    the suit filed by the appellant/plaintiff against the

    respondent/defendant seeking partition in respect of the suit schedule

    property, came to be dismissed with costs.

    2. Inasmuch as the parties and the substantial questions arising for

    consideration in the aforesaid City Civil Court Appeal as well as in the

    connected Civil Revision Petition Nos.5194, 5329 and 6495 of 2005

    are identical, all the matters were heard together and are being

    disposed of by this common judgment.

    3. For the sake of convenience and clarity, the parties shall

    hereinafter be referred to as they were arrayed before the learned Trial

    Court in C.C.C.A. No. 291 of 2003.

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    I.    BRIEF FACTS
    
    

    4. The underlying suit in O.S.No.124 of 1999, out of which the

    present pleadings arise was filed by the sole plaintiff (Ms.A.R.

    Hemavathy) against the sole defendant (A. D. Venkatesh), who is her

    younger brother, seeking partition of the plaint schedule property

    bearing No.10-2-328, comprising Plot No.213 situated at Road No.8,

    West Marredpally, Secunderabad, by dividing the same into two equal

    shares and allotting one such share to the plaintiff with separate

    possession.

    5. The plaintiff (A.R. Hemavathy) and the defendant (A.D.

    Venkatesh) are the children of late Saraswathi Bai, who died intestate

    on 09.01.1963, leaving behind the plaintiff, the defendant, and their

    father A. Devarajan, as her legal heirs. The plaint schedule property

    was purchased by Saraswathi Bai in 1949.

    6. After the demise of Saraswathi Bai, the plaintiff continued to

    live in the suit property along with her father. Even after the defendant

    moved to Bangalore in 1971, the plaintiff and her family took care of

    their aged father till his death on 25.05.1993. The husband of the

    plaintiff and later by her son made payments to her father and brother.
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    7. The defendant claimed exclusive ownership of the suit property

    based on a Will dated 22.10.1972 said to have been executed by his

    father Devarajan. The said Will deed was produced by the defendant

    during rent control proceedings and then as claimed by the plaintiff

    that she came to know that the suit property originally belonged to her

    mother and that she being a legal heir entitled to a share therein. The

    plaintiff disputes the genuineness and validity of the said Will,

    alleging fraud, suppression of material facts, and suspicious

    circumstances.

    8. Despite the plaintiff asserting her right, the defendant had

    initiated eviction proceedings and is attempting to sell the property to

    third parties, thereby threatening to deprive the plaintiff of her lawful

    share in the suit schedule property. Hence, the suit for partition and

    separate possession of the share of the plaintiff in the plaint schedule

    property.

    9. In response to the aforesaid plaint averments, the defendants

    filed a written statement denying all the allegations made by the

    plaintiff and contended that the suit schedule property did not belong

    to the mother of plaintiff but was purchased by the father of the
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    plaintiff, who, being a government servant, acquired the same in the

    name of his wife as a benami transaction.

    10. The defendant contended that his mother i.e., Saraswathi Bai

    was a housewife with no independent source of income and had no

    means to acquire the property. It is asserted that the plaintiff and her

    family were residing in the suit property as tenants by paying rent of

    Rs.1,000/- per month and denied the claim that such payments were

    made as token amounts out of respect. The defendant by placing

    reliance upon the Will dated 22.07.1972 executed by his father, has

    stated that it is valid, genuine, and clearly establishes his exclusive

    ownership over the suit property.

    11. The defendant further contended that the plaintiff was aware of

    the Will much prior to 1999 and falsely alleged fraud, concealment,

    and suspicious circumstances only to claim a share in the property. It

    is denied that the father suppressed the existence of other heirs or

    played any fraud upon the plaintiff. Thus, the defendants prayed that

    the suit for partition was not maintainable and liable to be dismissed.

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    II.    ISSUES FRAMED BY THE TRIAL COURT:
    
    

    12. Basing on the above pleadings, the trial Court framed the

    following issues for trial:

    1) Whether the father of the plaintiff and defendant
    purchased plaint schedule property in the benami name of the
    mother of the plaintiff and the defendant?

    2) Whether the plaintiff is estopped from questioning the
    title of the defendant in view of her evidence as P.W.2 in RC.
    No. 243 of 1984?

    3) Whether the plaintiff is entitled to seek partition of
    dwelling house without the defendant asking for partition?

    4) To what share each of the parties are entitled to in plaint
    schedule properties?

    5) To what relief?

    III. EVIDENCE:

    13. During the course of trial, Plaintiff was examined as PW-1 and

    Exhibits A1 to A7 were marked on her behalf and whereas, on behalf

    of the defendants, DWs 1 and 2 were examined and Exs. B1 to B29

    were marked.

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    IV. FINDINGS OF THE TRIAL COURT:

    14. The Trial Court, upon appreciation of oral and documentary

    evidence, observed that although late Smt. Saraswathi Bai was shown

    as the vendee under the sale deed dated 15.05.1949, the suit schedule

    property was in fact purchased by late A. Devarajan as a benami

    transaction in her name, which stood clearly established from the

    recitals of Ex.A4 letter and the categorical assertions contained in

    Ex.B27 i.e., Will and Ex.B29 the Codicil. The Trial Court further

    observed that Saraswathi Bai had no independent means or stridhana

    funds to acquire the property in her name and that Devarajan was the

    absolute owner, who validly bequeathed the entire suit property to the

    defendant under a duly proved, valid, and genuine Will Deed. It

    further found that the plaintiff was fully aware of the Will Deed much

    prior to the institution of the suit, had admitted the defendant’s

    absolute ownership and her own status as a tenant in R.C. No.243/94,

    and had taken advantage of the said Will Deed to secure eviction of

    her tenant, thereby attracting the doctrine of approbate and reprobate.

    Consequently, it was held that the plaintiff had no right or share in the

    suit schedule property and was not entitled to seek partition, and

    accordingly, the suit was dismissed with costs.
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    15. Being aggrieved by the Judgment and Decree dated 09.06.2003

    passed by the Trial Court, the Appellant/Plaintiff preferred the present

    Appeal. During the pendency of the appeal, the sole appellant/plaintiff

    passed away leaving behind her two children i.e., a son and a daughter

    and accordingly, her son was brought on record as appellant No.2 by

    virtue of Will dated 10.06.2000 as per the order dated 27.09.2012

    passed by this Court in CCAMP No.435/2012.

    16. Heard Sri Akella Sreenivas Rao, learned counsel for the

    appellants and Sri Vedula Venkataramana, learned counsel for the

    respondent/defendant and perused the record.

    V.    SUBMISSIONS OF THE PARTIES:
    
    A)    Contentions of the Appellant/Plaintiff:
    
    

    17. The learned counsel for the Appellant/Plaintiff contended that

    the Trial Court has committed an error in accepting the plea of the

    defendant that the suit schedule property was a benami purchase by

    overlooking the statutory bar contained in the Benami Transactions

    (Prohibition) Act, 1988, (for short ‘the Act’) especially when the suit

    itself was instituted after the said Act came into force. The finding that
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    the purchase under Ex. A3 in the name of Saraswathi Bai was benami

    for the benefit of her husband is unsustainable.

    18. The appellant further urged that under the well-recognised

    doctrine of advancement, even if the money for purchasing was

    provided by the husband, a purchase made in the name of the wife is

    presumed to be for her benefit, and neither the husband nor persons

    claiming through him are entitled to plead benami. Alternatively, it is

    contended that the suit property being the matrimonial home, the wife

    would be entitled to a half share in her own right, even assuming that

    the husband purchased the property from his own funds.

    19. The learned counsel for the Appellant/Plaintiff also contended

    that in the absence of any witness having personal knowledge of the

    sale deed of the year 1949, and when the Court itself observed that

    neither party had such knowledge, the recitals of Ex. A3 sale deed

    ought to have prevailed. The mutation of the name of father in

    municipal records after the death of Saraswathi Bai does not amount

    to an assertion of benami nature but rather acknowledges her title

    during her lifetime, as no attempt was made to mutate the property in

    the name of father while she was alive. A transaction which is genuine
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    at its inception cannot be subsequently converted into a benami

    transaction after the death of the ostensible owner.

    20. The appellant/plaintiff contended that the reasoning that the

    jewellery referred to therein was not proved to belong to Saraswathi

    Bai is unsubstantiated, inasmuch as the jewellery is ordinarily

    presumed to be the property of the wife and not the husband. Even

    otherwise, Ex. A4, relied upon as an admission, could not have been

    selectively used to support the defendant’s case, as statements made

    by the father in his own favour are inadmissible under Section 32(3)

    of the Evidence Act.

    21. The learned counsel for the Appellant/Plaintiff further contends

    that the Trial Court erred in placing undue reliance on the pleadings

    and depositions in R.C. No.243/94 and in invoking the doctrine of

    approbate and reprobate. The alleged admissions were made at a time

    when the appellant was unaware of her mother’s title and were

    adequately explained by contemporaneous correspondence, which

    shows that both parties were attempting to create pressure to secure

    eviction of a third-party tenant. The essential ingredients of estoppel
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    are wholly absent. The Trial Court thus erred in upholding the Will

    Ex. B27 and Codicil Ex. B29.

    22. The learned counsel for the appellant/plaintiff in support of his

    contentions placed reliance upon the decisions in Bajranglal Agarwal

    v. Smt. Susheela Agarwal and others 1, Nand Kishore Mehra v. Sushila

    Mehra2, Hemanth Satti v. Mohan Satti and others3, Lalsa Prasad

    Singh v. Chanderwala and another4, Jagdish Chand Sharma v. Narain

    Singh Saini and others5, Bhaiya Girija Datt Singh v. Gangotri Datt

    Singh6, Kuppanna Gounder and others v. Peruma Gounder and

    others 7, B. L. Sreedhar & others v. K.M. Munireddy & others 8, Ram

    Chandra Singh v. Savitri Devi and others9, Nagubai Ammal and

    others v. Shama Rao and others 10, Banarsi Das and others v. Kanshi

    Ram and others11, R.S. Maddanappa v. Chandramma and others12,

    Bawari Lal and others v. Sukhdarshan Dayal 13, Smt. Krishnawati v.

    1
    TSHC: CCCA No.62 of 2024 decided on 20.08.2024
    2
    (1995) 4 SCC 572
    3
    2013 (139) DRJ 391
    4
    2017 SCC Online Del. 10961
    5
    (2015) 8 SCC 615
    6
    AIR 1955 SC 346
    7
    1961 0 AIR (Mad) 511
    8
    2003 0 AIR (SC) 578
    9
    2003 0 Supreme (SC) 873
    10
    1956 0 Supreme (SC) 38
    11
    AIR 1963 S.C. 1165
    12
    1965 0 Supreme (SC) 73
    13
    AIR 1973 S.C. 814
    12
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    Shri Hans Raj14, Chhaganlal Keshavlal Mehta v. Patel Narandas

    Haribai15, Tej Bhan Madan vs. II Additional District Judge and

    others 16, A.V.G.P. Chettiar and Sons and others v. T. Palanisamy

    Gounder17, Radhakrishna Yadav v. G. Kalavati Bai 18, J.J. Lal Pvt.

    Ltd. and others v. M.R. Murali and another19, Vinay Kumar Soni v.

    Vijay Kumar20, Vinay Eknath Lad v. Chiu Mao Chen 21, Budhu Lal v.

    Mahabir Prasad & others22, Life Insurance Corporation of India v.

    India Automobiles and Company and others23, Narasimha Murthy v.

    Susheelabai and others 24, Sundari Dharmanna v. Narsu Bai and

    another25, K.V. Usman and others v. Sangali Mohan Rao26,

    Vinukonda Venkata Ramana and others v. Mootha Venkateshwara

    Rao and others 27, J. Jagannatha Reddy and others v. J. Ravinder

    Reddy and others 28, Vidyabai & others v. Padmalatha and another29,

    14
    1973 0 Supreme (SC) 390
    15
    (1982) 1 S.C.C. 223
    16
    (1988) 3 S.C.C. 137
    17
    A.I.R. 2002 S.C. 2171
    18
    2002 (5) A.L.T. 750
    19
    2002 0 AIR (SC)
    20
    2023 S.C.C. OnLine Del. 5660
    21
    (2019) 20 S.C.C. 182
    22
    1988 (2) R.C.J. 354
    23
    (1990) 4 S.C.C. 286
    24
    A.I.R. 1996 S.C. 1826
    25
    1997 (4) A.L.T. 803
    26
    2002 (2) An.W.R. 23 (A.P.)
    27
    2001 (5) A.L.T. 479 (F.B.)
    28
    2002 (6) A.L.T. 502 (D.B.)
    29
    2009) 2 S.C.C. 409
    13
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    Baldev Singh and others v. Manohar Singh and another 30, B.K.

    Narayana Pillai v. Parameshwaran Pillai and another31, P. Kishore

    Kumar v. Vittal K. Patkar 32 and Hussain Ahmed Choudhury v.

    Habibur Rahman (dead) through LRs 33.

    23. On the basis of the aforesaid submissions, the learned Counsel

    for the appellant has prayed that, there being merit in the appeal, the

    same may be allowed.

    B) Contentions of the Respondent/Defendant:

    24. In response, the learned counsel for the Respondent/Defendant

    contended that though the sale deed dated 15.05.1949 stood in the

    name of late Saraswathi Bai, the evidence on record clearly

    establishes that the entire sale consideration was arranged and paid by

    late A. Devarajan and that the property was purchased under benami

    in the name of his wife, who had no independent source of income or

    stridhana sufficient to acquire the same. The respondent further

    contended that the bar under the Benami Transactions (Prohibition)

    Act, 1988 has no application to the present case, as the transaction in

    30
    (2006) 6 S.C.C. 498
    31
    (2000) 1 S.C.C. 712
    32
    (2023) 14 S.C.R.796
    33
    (2025) INSC 553
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    question took place in 1949 and the plea of benami is raised to explain

    the real nature of title, which is permissible in law. It was argued that

    the Trial Court correctly applied the settled tests for determining

    benami transactions and rightly held that the burden placed upon the

    defendant was duly discharged through Ex. A4 letter, Ex. B27 Will

    Deed, Ex. B29 Codicil, and other contemporaneous conduct of late

    Devarajan asserting absolute ownership over the suit schedule

    property.

    25. The learned counsel for the Respondent/Defendant contended

    Ex. B27 Will and Ex. B29 Codicil were duly proved in accordance

    with law by examining an attesting witness, and the evidence clearly

    shows that the testator was in a sound and disposing state of mind.

    The respondent/defendant urged that the appellant/plaintiff was fully

    aware of the Will Deed much prior to the institution of the suit and

    had, in fact, relied upon the same in R.C. No.243/94 by admitting the

    absolute ownership of the defendant and her own status as a tenant.

    26. The learned counsel emphasized that having approbated the

    Will Deed and accepted the title of the defendant in the rent control

    proceedings, the plaintiff is estopped from reprobating the same in the
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    underlying original suit. The Trial Court was therefore, justified in

    invoking the doctrine of approbate and reprobate. The respondent

    further submitted that the plaintiff had slept over her alleged rights for

    several decades despite clear knowledge of the father’s claim and

    mutation of records. It is further contented by the Defendant that once

    the Trial Court rightly held that the suit schedule property was the

    absolute property of late Devarajan and that the Will Deed in favour

    of the defendant is valid and binding, the appellant/plaintiff has no

    right, title, or interest in the suit property and is not entitled to seek

    partition. The dismissal of the suit with costs was therefore proper,

    just, and calls for no interference by the Appellate Court and thus,

    prayed that, there being no merit in the present appeal, the same

    deserves to be dismissed.

    VI. POINTS FOR DETERMINATION:

    27. In the light of the rival pleadings, the findings recorded by the

    Trial Court and the submissions advanced before this Court, the

    following points arise for determination:

    (i) Whether the purchase of the suit schedule property in the
    name of Saraswathi Bai under the registered sale deed dated
    15.05.1949 was a benami transaction?

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    (ii) If the property is not benami, whether the Will dated
    22.10.1972 allegedly executed by A. Devaraja, is true, valid and
    binding, and whether confers exclusive ownership upon the
    respondent?

    (iii) Whether the appellant No.1/plaintiff, being a legal heir of
    Late Saraswati Bai, is entitled to a share in the suit schedule property
    and if so to what extent?

    28. During the pendency of the above CCCA No. 291 of 2003, the

    sole appellant/plaintiff namely A.R. Hemavathy, expired and her son

    being her legal representative was brought on record as appellant No.2

    by order dated 27.09.2012 in CCCAMP No.435/2012. The said legal

    representative also preferred Civil Revision Petition Nos.5194, 5329

    and 6495 of 2005, arising out of orders passed in Rent Control

    Proceedings relating to portion of suit schedule property.

    Accordingly, the following additional point arises for consideration:

    iv) Whether the orders impugned in impugned in Civil

    Revision Petition Nos.5194, 5329 and 6495 of 2005 suffer from

    jurisdictional error, illegality, or material irregularity warranting

    interference by this Court?

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    29. Having regard to the nature of controversy and the interlinking

    of the proceedings, this Court proposes to first take up Point No. (iv)

    for consideration, which relates to the validity of the orders impugned

    in Civil Revision Petition Nos.5194, 5329 and 6495 of 2005?

    I. CRP No. 5194 OF 2005

    30. CRP. No. 5194 of 2005 is filed by the Petitioners/Appellants

    aggrieved by orders dated 20.08.2005 in R.A. No. 425 of 2000, ACJ

    CSC Hyderabad dismissing the appeal in R.C. No. 46 of 1999 on the

    file of Additional Rent Controller, Secunderabad.

    31. The petitioners denied the landlord’s absolute title and disputed

    the validity of the alleged Will and conveyance deed. They contended

    that the property belonged to Smt. Saraswathi Bai, who died intestate,

    making the second tenant a co-sharer, and thus the Respondent cannot

    seek eviction alone. Whereas, the Respondent contended that he is the

    absolute owner of the schedule premises by virtue of a Will Deed

    dated 22.10.1972 and a registered conveyance deed dated 11.01.1997.

    He submitted that the appellants secured alternative accommodation

    after evicting their own tenant and are therefore liable for eviction

    under Section 10(2)(v) of the Act.

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    32. The Appellate Authority held that it cannot adjudicate questions

    of title in a rent appeal. It was further held that probate of the Will is

    not mandatory in Andhra Pradesh and cannot be a ground to refuse

    eviction. Accordingly, the appeal was dismissed confirming the

    eviction order passed in R.C. No. 46/99, granting two months’ time to

    vacate and deliver the possession of the scheduled premises.

    II. CRP Nos. 5329 AND 6495 OF 2005

    33. Civil Revision Petition Nos. 5329 and 6495 of 2005 had been

    preferred by the Petitioners/Appellants aggrieved by the Common

    Order dated 16.02.2005 passed in I.A. No. 829 of 2004 and I.A. No.

    830 of 2004 in R.A. No. 425 of 2000, on the file of the Court of the

    Addl. Chief Judge, City Small Causes Court, Hyderabad, respectively.

    34. I.A. No. 829 of 2004 was filed seeking amendment of the

    counter to raise a plea that the rent control proceedings are not

    maintainable as the petitioner is engaged in essential services and

    whereas, I.A. No. 830 of 2004 was filed to receive additional evidence

    in the appeal, including a certified copy of an Urdu sale deed and its

    translation, in support of the proposed amendment.
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    35. The petitioner No.1 contended that he was a doctor working in

    NIMS and engaged in essential services notified by the Government,

    and therefore eviction proceedings are not maintainable against him.

    He submitted that his earlier counsel failed to raise this plea in the

    counter and sought amendment to avoid prejudice. He also sought to

    file additional documents to establish title, stating that the said

    documents could not be secured earlier.

    36. On the other hand, the respondent contended that he is the

    absolute owner under a Will Deed and that the petitioner has no right

    in the property. He urged that the applications were filed at a belated

    stage when the matter was at the verge of disposal and no valid

    grounds exist for amendment. He further contended that no sufficient

    reason was shown for non-production of documents earlier and sought

    dismissal of the applications.

    37. The first appellate court held that the amendment sought by the

    petitioner is a post-trial amendment, which cannot ordinarily be

    permitted unless sufficient cause is shown for not raising the plea

    earlier. The petitioner, being a literate doctor, cannot shift the blame

    on his previous counsel. Hence, no sufficient grounds were made out
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    to allow amendment of the counter at the appellate stage. With regard

    to additional evidence, the Court held that the Gazette notification and

    service certificate are irrelevant to the dispute, and the certified copy

    of the sale deed of the year 1949 was within the knowledge of the

    petitioner but not produced before the Rent Controller. Therefore, the

    Court further observed that there were no grounds existed to receive

    the documents as additional evidence. Accordingly, both I.A. Nos.

    829 and 830 of 2004 were dismissed.

    VII. ANALYSIS AND FINDINGS:

    CRP Nos. 5194, 5329 AND 6495 OF 2005

    38. Having considered the entire material on record, the respective

    submissions of the learned counsels, and the scope of interference

    under revisional jurisdiction, this Court finds no merit in any of the

    three Civil Revision Petitions.

    (i) CRP No. 5194 of 2005:

    39. This Revision arises out of the dismissal of R.A. No. 425 of

    2000 confirming the eviction order passed in RC No. 46 of 1999. The

    primary contention of the petitioners was that the respondent is not the

    absolute owner of the schedule premises and that complicated
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    questions of title, including the validity of the Will and alleged co-

    ownership, arise for consideration. The Appellate Authority has

    rightly held that in proceedings under the Rent Control Act, the Court

    exercises limited jurisdiction and is not competent to adjudicate

    intricate questions of title as in a regular civil suit. So long as the

    relationship of landlord and tenant is established and the statutory

    grounds are made out, eviction can be ordered.

    40. The further contention regarding non-probate of the Will was

    also rightly rejected, as probate is not mandatory in the State, and non-

    probate by itself does not invalidate reliance on the Will in collateral

    proceedings. The Appellate Authority, upon appreciation of evidence,

    recorded findings that the denial of title was not bona fide and that the

    tenants had secured alternative accommodation attracting the statutory

    ground. No jurisdictional error, perversity, or material irregularity is

    demonstrated so as to warrant interference of this Court. Hence, CRP

    No. 5194 of 2005 is liable to be dismissed.

    (ii) CRP Nos. 5329 and 6495 of 2005:

    41. These two Revision Petitions arise out of the common order

    dismissing I.A. Nos. 829 and 830 of 2004 in R.A. No. 425 of 2000.
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    Both the I. A’s were filed by the Appellant No.2 in the C.C.C.A. No.

    291 of 2003. The amendment sought in I.A. No. 829 of 2004 was

    admittedly a post-trial amendment that too at the appellate stage,

    seeking to introduce a fresh plea that the petitioner was engaged in

    essential services and that eviction proceedings were not maintainable.

    The Court below rightly observed that such an amendment cannot

    ordinarily be permitted unless sufficient cause is shown for failure to

    raise the plea earlier. The explanation that the previous counsel failed

    to take the plea is not a satisfactory ground, particularly when the

    petitioner is an educated professional fully aware of the proceedings.

    The conduct of the petitioners throughout the proceedings indicates

    delay and an attempt to protract the litigation.

    42. By reason of the Civil Procedure Code (Amendment) Act, 2002

    (Act 22 of 2002), the Parliament inter alia inserted a proviso to Order

    VI Rule 17 of the Code, which reads as under:

    “Provided that no application for amendment shall be
    allowed after the trial has commenced, unless the court comes to the
    conclusion that in spite of due diligence, the party could not have
    raised the matter before the commencement of trial.”

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    43. In view of the proviso to Order VI Rule 17 of the CPC, as

    inserted by Act 22 of 2002, it is clear that once the trial has

    commenced, an amendment cannot be permitted unless the party

    establishes that, despite exercising due diligence, such plea could not

    have been raised earlier. In the present case, the petitioners failed to

    demonstrate any such due diligence or unavoidable circumstances

    preventing them from taking the plea at the appropriate stage before

    the Rent Controller. Though it is alleged by the petitioner that his

    previous counsel failed to raise this plea in the counter, the first

    appellate Court rightly observed in the order that the petitioner being

    literate Doctor cannot throw blame on his counsel. It is to be seen that

    the petitioner subscribed his signature on the affidavit only after

    understanding the contents of the affidavit and in such circumstances,

    the petitioner cannot throw blame on his previous counsel. Hence,

    the application for amendment, having been filed at a belated post-

    trial stage without any satisfactory explanation, was rightly rejected by

    the first appellate Court.

    44. Insofar as I.A. No. 830 of 2004 is concerned, it was filed for

    receiving additional evidence in the appeal, namely the certified copy
    24
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    of the sale deed dated 15.05.1949 (in Urdu) along with its translated

    version, and certain other documents, in support of the plea sought to

    be introduced by way of amendment.

    45. This Court notes that the rent control proceedings in R.C No. 46

    of 1999 were instituted in the year 1999 and Rent Controller has

    passed an order dated 23.10.2000. Thus, the Appellants/petitioners

    had sufficient opportunity during the pendency of the proceedings

    before the Rent Controller to produce all relevant documents in

    support of their case. The certified copy of the sale deed dated

    15.05.1949, now sought to be introduced at the appellate stage, was

    admittedly within their knowledge right from the date of rent control

    proceedings. It was stated that the document in question was about 50

    years old at the relevant point of time. However, the mere age of the

    document cannot be a valid ground for its non-production before the

    Rent Controller, especially when certified copies of such documents

    are obtainable through due process. No material has been placed to

    demonstrate that any diligent steps were taken prior to the order dated

    23.10.2000 to secure and produce the said document. In the absence of

    proof of due diligence and satisfactory explanation, the rejection of
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    the application to receive the document as additional evidence is fully

    justified and calls for no interference.

    46. It is well settled that revisional jurisdiction is supervisory in

    nature and cannot be invoked to substitute this Court’s view for that of

    the subordinate Court unless there is patent illegality, perversity, or

    failure to exercise jurisdiction. The revision petitioners failed to

    establish that the impugned order suffers from error apparent on the

    face of the record. Thus, the impugned orders are reasoned and are

    good in law.

    Consideration of Civil Revision Petitions:

    47. CRP Nos.5194, 5329 and 6495 of 2005 arise from orders

    passed in rent control proceedings concerning tenants occupying

    portions of the property.

    48. The scope of revisional jurisdiction under Section 115 CPC is

    limited to cases involving jurisdictional error or material irregularity.

    49. The orders challenged do not disclose any such infirmity.
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    50. The rent control authorities rightly confined their enquiry to the

    landlord-tenant relationship without adjudicating complicated

    questions of title.

    51. ⁠ The refusal to permit amendment and additional evidence does

    not suffer from illegality.

    52. Accordingly, CRP Nos. 5194, 5329 and 6495 of 2005 are liable

    to be dismissed.

    53. Having disposed of connected CRP Nos. 5194, 5329 and 6495

    of 2005, this court now proceeds to examine CCCA No.291 of 2003

    on its own merits.

    (iii) CCCA No. 291 of 2003

    54. We have carefully considered the rival submissions advanced

    by the learned counsel for the Appellant/Plaintiff and

    Respondent/Defendant and also perused the entire record of the case,

    including the pleadings, oral evidence of PW1 and DWs 1 & 2 and the

    documentary evidence under Exs. A1 to A7 along with Exs. B1 to

    B29.

    27

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    55. The factual background having been noticed above, the

    controversy between the parties centres around the true nature of the

    transaction under which the suit schedule property was purchased.

    While the appellant asserts that the property purchased in the name of

    Saraswathi Bai constituted her absolute property and that upon her

    death it devolved equally upon her legal heirs, the respondent seeks to

    characterise the purchase as a benami transaction made in her name

    for the benefit of A. Devarajan and claims exclusive rights under a

    Will allegedly executed by him. The resolution of this controversy

    necessarily requires examination of the principles governing benami

    transactions, the evidentiary value of registered conveyances, and the

    legal consequences flowing from succession under the Hindu

    Succession Act.

    RIVAL SUBMISSIONS:

    56. Learned counsel for the appellant contended that the Trial Court

    committed a manifest error in accepting the plea of benami in the

    absence of any convincing evidence. It was submitted that the

    property stands in the name of Saraswathi Bai under a registered
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    conveyance and therefore a strong presumption arises in favour of her

    ownership.

    57. Learned counsel appearing for the respondent supported the

    judgment of the Trial Court contending that the entire consideration

    for the purchase of the property was paid by A. Devarajan and that

    Saraswathi Bai did not possess an independent source of income.

    ANALYSIS AND DISCUSSION

    Point No. (i)

    A. The Jurisprudential Foundation of Benami Transactions

    58. The law relating to benami transactions occupies a delicate

    position within Indian property jurisprudence. On the one hand, the

    law recognises that transactions may, in form, vest title in one person

    while the beneficial interest is claimed by another. On the other hand,

    such arrangements, by their very nature, carry the potential to obscure

    real ownership and defeat legitimate claims.

    59. It is for this reason that courts have consistently approached

    pleas of benami with caution. The law does not prohibit the assertion

    of real ownership behind an ostensible title; however, it insists upon a
    29
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    high threshold of proof to ensure that apparent titles evidenced by

    solemn documents are not lightly displaced. The Privy Council in

    Gopeekrist Gosain v. Gungapersaud Gosain 34 laid the foundational

    principle that the burden of proving that a transaction is benami lies

    upon the person who asserts it. This principle is not merely

    evidentiary but is rooted in the need to preserve certainty in

    transactions concerning immovable property.

    B. The Governing Judicial Test

    60. The modern articulation of the law is found in the decision of

    the Honourable Supreme Court in Jaydayal Poddar v. Bibi Hazra 35,

    where the Court held that the determination of whether a transaction is

    benami is essentially one of intention, to be inferred from surrounding

    circumstances.

    61. The Court identified a set of guiding factors, including the

    source of consideration, possession, custody of title deeds,

    relationship between the parties, motive, and subsequent conduct.

    These factors are not exhaustive, nor do they operate as rigid criteria;

    34

    (1854) 6 MIA 53
    35
    1974 AIR 171
    30
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    they are indicia through which the Court discerns the real nature of the

    transaction.

    62. Crucially, the Supreme Court cautioned that no single factor is

    decisive. The inquiry is holistic, and the conclusion must emerge from

    a cumulative assessment of all relevant circumstances.

    C. Burden and Standard of Proof:

    63. The insistence of the law on strict proof in cases of alleged

    benami is neither technical nor incidental. In Valliammal v.

    Subramaniam 36, the Honourable Supreme Court reaffirmed that the

    burden rests heavily upon the person asserting benami and must be

    discharged by evidence that is clear, cogent and convincing.

    64. This heightened standard is justified by the serious

    consequences that follow from displacing the apparent title. As held in

    Binapani Paul v. Pratima Ghosh 37, courts must guard against

    substituting conjecture for proof, particularly where registered

    documents confer ostensible ownership.

    
    
    
    
    36
         2004 (7) SCC 233
    37
         AIR 2008 SUPREME COURT 543
                                          31
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    D.        Statutory Evolution and Public Policy
    
    

    65. The enactment of the Benami Transactions (Prohibition) Act,

    1988 marks a legislative shift towards discouraging concealed

    ownership structures. The statute reflects a broader public policy

    against opacity in property transactions.

    66. The Constitution Bench in Union of India v. Ganpati Dealcom

    Private Limited 38 underscored that the legislative intent is to promote

    transparency and prevent misuse of benami arrangements. While the

    statute operates prospectively, its underlying rationale reinforces the

    judicial approach of strict scrutiny.

    67. Therefore, even in cases governed by pre-statutory law, courts

    must remain cognizant of the inherent risks associated with benami

    claims and insist upon strict compliance with evidentiary standards.

    E. Presumption Attached to Registered Conveyances:

    68. A registered sale deed is not a mere piece of evidence; it is a

    formal declaration of title recognised by law. Such a document carries

    with it a presumption of validity and correctness.

    38

    MANU/SC/1133/2024
    32
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    69. In Thakur Bhim Singh v. Thakur Kan Singh 39, the Honourable

    Supreme Court held that the apparent title arising from a registered

    instrument cannot be displaced except by strong and convincing

    evidence. This presumption forms a cornerstone of property law,

    ensuring certainty and stability in transactions.

    F. Application to the Present Case

    70. The registered sale deed (Ex.A1) unequivocally records

    Saraswathi Bai as the purchaser. There is no recital indicating that the

    transaction was undertaken on behalf of another or that the property

    was to be held for the benefit of any third party.

    71. The respondent’s case rests substantially on the assertion that

    the consideration for the purchase was furnished by A. Devarajan.

    Even if such assertion is assumed to be correct, it does not, by itself,

    establish that the transaction was benami.

    72. The law is well settled that the source of consideration, though

    relevant, is not determinative. To elevate it to a decisive factor would

    be to disregard the cumulative test mandated by Jaydayal Poddar’s

    case (supra).

    39

    AIR 1980 SC 727
    33
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    73. Significantly, there is no evidence to show that A. Devarajan

    exercised rights of ownership over the property during the lifetime of

    Saraswathi Bai. The absence of such assertion is inconsistent with the

    hypothesis of beneficial ownership.

    74. Equally, the respondent has failed to establish custody or

    control over the title deeds. In transactions of this nature, possession

    of title documents often furnishes an important indicator of ownership.

    75. The relationship between the parties, being that of husband and

    wife, is a relevant circumstance but does not give rise to any

    presumption of benami. It must be assessed in conjunction with other

    factors, none of which support the respondent’s case.

    76. No plausible motive has been demonstrated for adopting a

    benami arrangement. In the absence of any discernible reason for

    concealing ownership, the plea lacks inherent probability.

    77. The conduct of the parties, both prior and subsequent to the

    transaction, does not indicate that the property was treated as

    belonging to A. Devarajan.

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    G.    Error in the Approach of the Trial Court:
    
    

    78. The scrutiny of the judgment of the learned Trial Court reveals

    that its conclusion is predominantly anchored in a singular

    circumstance, namely, that the consideration for the purchase of the

    suit property was allegedly furnished by A. Devarajan. The learned

    Trial Court appears to have treated this circumstance as determinative

    of the nature of the transaction.

    79. Such an approach, in the considered view of this Court, suffers

    from a fundamental misdirection in law. The jurisprudence governing

    benami transactions, as consistently articulated by the Honourable

    Supreme Court, mandates that no single factor, howsoever weighty,

    can be elevated to a position of exclusivity so as to override the

    cumulative assessment required.

    80. The emphasis placed by the learned Trial Court on the source of

    consideration, to the exclusion of other equally relevant factors such

    as possession, custody of title deeds, intention, and subsequent

    conduct, reflects a fragmented appreciation of evidence rather than a

    holistic evaluation. This runs contrary to the ratio in Jaydayal Poddar,
    35
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    (supra) which requires a synthesis of circumstances rather than

    isolation of one.

    81. More significantly, the learned Trial Court failed to engage with

    the legal presumption that attaches to a registered conveyance. A

    registered sale deed, executed in accordance with law, is not merely

    evidentiary in character but constitutes a formal declaration of title.

    The displacement of such title requires a degree of proof that is

    commensurate with the sanctity attached to the instrument.

    82. The failure to accord due weight to this presumption has

    resulted in a reversal of the burden of proof. Instead of requiring the

    defendant to establish benami by clear and convincing evidence, the

    learned Trial Court appears to have implicitly called upon the plaintiff

    to justify the ostensible title. Such inversion of burden is

    impermissible in law.

    83. The learned Trial Court also did not adequately consider the

    absence of contemporaneous evidence supporting the plea of benami.

    In matters involving immovable property, where transactions are

    ordinarily documented, the absence of any written acknowledgment,
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    declaration, or conduct indicative of beneficial ownership assumes

    considerable significance.

    84. Furthermore, the learned Trial Court failed to examine the

    conduct of the parties over an extended period. The law attaches

    considerable importance to how parties have treated the property in

    reality, as such conduct often furnishes the most reliable indicator of

    intention. The absence of any assertion of ownership by A. Devarajan

    during the lifetime of Saraswathi Bai ought to have weighed heavily

    against the plea of benami.

    85. The cumulative effect of these omissions is that the finding of

    the learned Trial Court is not merely a possible alternative view, but

    one that is vitiated by a misapplication of settled legal principles and a

    misappreciation of material evidence.

    86. In Nand Kishore Mehra‘s case (supra) the Honourable Supreme

    Court held as under:

    “6. Sub-section (1) of Section 3, as seen, prohibits a
    person from entering into any benami transaction. Sub-section (3) of
    Section 3, as seen, makes a person who enters into a benami
    transaction liable for punishment. Section 5 makes properties held
    benami liable for acquisition without payment of any amount. But,
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    when Sub-section (2) of Section 3 permits a person to enter into a
    benami transaction of purchase of property in the name of his wife
    or unmarried daughter by declaring that the prohibition contained
    against a person in entering into a benami transaction in Sub-
    section (1) of Section 3, does not apply to him, question of punishing
    the person concerned in the transaction under Sub-section (3)
    thereof or the question of acquiring the property concerned in the
    transaction under Section 5, can never arise, as otherwise the
    exemption granted under Section 3(2) would become redundant,
    what we have said of the person and the property concerned in Sub-
    section (2) of Section 3 in relation to non-applicability of Section
    3(3)
    and Section 5 shall equally hold good for nonapplicability of
    the provisions of Sub-sections(1) and (2) of Section 4 in the matter of
    filing of the suit or taking up the defence for the self same reason.
    Further, we find it difficult to hold that a person permitted to
    purchase a property in the name of his wife or unmarried daughter
    under Sub-section (2) of Section 3 notwithstanding the prohibition to
    enter into a benami transaction contained in Sub-section (1) of
    Section 3 cannot enforce his rights arising therefrom, for to hold so
    would amount to holding that the Statute which allows creation of
    rights by a benami transaction also prohibits the enforcement of
    such rights, a contradiction which can ever be attributed to a
    Statute. If that be so, there can be no valid reason to deny to a
    person, enforcement of his rights validly accrued even in the cast
    acquired by purchase of property in the name of his wife or
    unmarried daughter, by making applicable the prohibition contained
    in respect of filing of suits or taking up of defences imposed in
    respect of benami transactions in general by Sub-sections(1) and (2)
    of Section 4 of the Act. But, it has to be made clear that when a suit
    is filed or defence is taken in respect of such benami transaction
    involving purchase of property by any person in the name of his wife
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    or unmarried daughter, he cannot succeed in such suit or defence
    unless he proves that the property although purchased in the name
    of his wife or unmarried daughter, the same had not been purchased
    for the benefit of either the wife or the unmarried daughter, as the
    case may be, because of the statutory presumption contained in Sub-
    section (2) of Section 3 that unless a contrary is proved that the
    purchase of property by the person in the name of his wife or his
    unmarried daughter, as the case may be, was for her benefit.

    7. Therefore, our answer to the question under consideration is
    that neither the filing of a suit nor taking of a defence in respect of
    either the present or past benami transaction involving the purchase
    of property by a person in the name of his wife or unmarried
    daughter is prohibited under Sub-sections (1) and (2) of Section 4 of
    the Act.

    8. Coming to the facts of the case on hand, the plaintiff had
    filed the sit in the High Court seeking relief in respect of properties
    alleged to have been purchased benami in the name of the
    defendant-his wife. A learned Single Judge rejected the application
    filed by the defendant in that suit seeking rejection of the plaint on
    the ground that the suit was barred under Section 4 of the Act. The
    order of rejection of that application was appealed against by the
    defendant in a First Appeal filed in the same court. A Division Bench
    of the High Court reversed the order of the learned Single judge and
    granted the application of the defendant made in the suit seeking
    rejection of the plaint. It is that order which is now questioned by the
    plaintiff-husband in this appeal. Since the plaintiff is the husband
    who had the right to enter into a benami transaction in the matter of
    purchase of property in the name of his wife or unmarried daughter,
    as we have held earlier, he is entitled to enforce his rights in the
    properties concerned if he can succeed in showing that he had
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    purchased than benami in the name of his wife. But in view of the
    statutory presumption incorporated in Sub-section (2) of Section 3 of
    the Act, he can get relief sought in the suit only if he can prove that
    the properties concerned had not been purchased for the benefit of
    the wife, even if he succeed in showing that the consideration for the
    purchases of the properties had been paid by him.”

    87. Even in the instant case, the defendant failed to establish that

    the subject property was not purchased for the benefit of his wife.

    88. Even otherwise, since the property was purchased in the name

    of Saraswathi Bai, her right under Section 14(1) of the Hindu

    Succession cannot be diluted by the Benami Transaction Act. In

    Hemant Satti‘s case (supra) the High Court of Delhi held as under:

    “12. Section 14 of the HSA reads as under:

    14. Property of a female Hindu to be her absolute
    Property–

    (1) Any property possessed by a Female Hindu, whether
    acquired before or after the commencement of this Act,
    shall be held by her as full owner thereof and not as a
    limited owner.

    Explanation.–In this sub-section, “property” includes both
    movable and immovable property acquired by a female
    Hindu by inheritance or devise, or at a partition, or in lieu
    arrears of maintenance, or by gift from any person,
    whether a relative or not, before, at or after her marriage,
    or by her own skill or exertion, or by purchase or by
    prescription, or in any other manner whatsoever, and also
    40
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    any such property held by her as stridhana immediately
    before the commencement of this Act.

    (2) Nothing contained in Sub-section (1) shall apply to any
    property acquired by way of gift or under a Will or any
    other instrument or under a decree or order of a civil
    Court or under an award where the terms of the gift, will
    or other instrument or the decree, order or award
    prescribe a restricted estate in such property.

    15. The collective reading of both provisions makes the
    following position clear:

    (i) The right under Section 14(1), HSA accruing to a Hindu
    female in respect of the property in her possession is
    absolute and untrammelled. It includes property that
    comes to her through acquisition or “in any other manner
    whatsoever”, and not limited to purchase of the property.

    She is free to deal with the property in any manner which
    she pleases.

    (ii) The position under Section 3(2), BTA can be
    harmonised with Section 14, HSA. Section 3(2), BTA does
    not dilute the right of a Hindu female to her property
    under Section 14(1), HSA. It is only where it is able to be
    proved under Section 3(2), BTA that the property
    purchased by the husband of the Hindu female in her name
    was not for her benefit, could a challenge to her absolute
    right thereto be entertained.

    (iii) However, in order to prove such a defence, it has to be
    pleaded, in the first place, to be pleaded.”
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    H. Re-appreciation of Evidence by the Appellate Court:

    89. It is well settled that an appellate court is entitled, and indeed

    duty-bound, to re-appreciate evidence where the conclusions of the

    Trial Court are shown to be contrary to law or based on an erroneous

    application of legal principles.

    90. In the present case, the re-appreciation of evidence must

    proceed on the correct legal foundation, namely, that the burden of

    establishing benami lies upon the respondent and that such burden

    must be discharged by clear, cogent, and convincing evidence.

    91. Upon such re-appreciation, the evidentiary position may be

    summarised thus:

    (i) The title deed stands in the name of Saraswathi Bai;

    (ii) There is no documentary evidence indicating benami character;

    (iii) There is no proof of exclusive possession or enjoyment by A.

    Devarajan;

    (iv) There is no evidence of custody of title deeds with him;

    (v) There is no assertion of ownership during the lifetime of the

    ostensible owner;

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    (vi) There is no discernible motive for adopting a benami

    arrangement.

    92. Each of the above circumstances, when viewed individually,

    fails to support the plea of benami. When viewed cumulatively, they

    decisively negate such a plea.

    93. The respondent’s case rests essentially on inference rather than

    evidence. However, in matters of this nature, inference cannot

    substitute proof, particularly where the effect would be to displace a

    registered title.

    I. Doctrine of Presumption and Protection of Title:

    94. The law relating to property places a premium on certainty of

    title. Registered conveyances serve as the foundation of such

    certainty, enabling parties to transact with confidence and security.

    95. To permit such title to be displaced on slender or speculative

    grounds would introduce instability into property relations and

    undermine public confidence in registered transactions.
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    96. It is for this reason that courts have consistently insisted upon a

    high standard of proof in cases alleging benami. The presumption in

    favour of the apparent owner is not a mere procedural device, but a

    substantive safeguard against uncertainty and fraud.

    97. In the present case, the respondent/defendant has failed to rebut

    this presumption. The evidence adduced falls short of the threshold

    required to displace the apparent title vested in Saraswathi Bai.

    J. Finding on the Nature of Transaction:

    98. Upon a comprehensive and cumulative evaluation of all

    relevant factors, this Court arrives at the conclusion that the

    transaction in question cannot be characterised as benami.

    99. The registered sale deed executed in favour of Saraswathi Bai

    represents the true and real nature of the transaction, and there is no

    legal basis to treat her as a mere name-lender.

    100. The finding of the learned Trial Court to the contrary is

    therefore liable to be set aside.

                                       44
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    K.     Consequences of the Finding:
    
    
    

    101. Once it is held that Saraswathi Bai was the absolute owner of

    the property, the legal consequences of her death must be determined

    in accordance with the statutory framework governing succession.

    102. The evidence on record establishes that she died intestate,

    leaving behind her husband and two children.

    103. Under the Hindu Succession Act, 1956, these heirs fall within

    Class – I and are entitled to succeed simultaneously and equally.

    104. The scheme of the Act embodies a principle of equality in

    succession, ensuring that each heir acquires an equal share in the

    estate of the deceased.

    105. Accordingly, the property devolves in equal shares upon the

    husband and the two children, each acquiring a one-third undivided

    interest.

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    Point No. (ii)
    Effect of the Testamentary Instrument:

    106. The respondent has placed reliance upon a Will allegedly

    executed by A. Devarajan. The legal effect of such Will must be

    examined in the context of the findings recorded herein.

    107. Even assuming, without deciding, that the Will is validly

    executed and proved, it can operate only upon the interest that vested

    in the testator. It is a settled principle of law that a co-owner cannot

    bequeath property beyond his own share. Any testamentary

    disposition in excess of such share is ineffective to that extent.

    Therefore, the Will relied upon by the respondent cannot confer

    exclusive ownership over the entire property, nor can it defeat the

    statutory rights of the other heirs.

    108. Accordingly, Point No. (ii) is answered.

    Point No. (iii)

    Succession under the Hindu Succession Act:

    109. Once it is held that the property belonged to Saraswathi Bai,

    the consequences of her death must necessarily follow.
    46

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    110. ⁠It is not in dispute that she died intestate leaving behind her

    husband and two children.

    111. ⁠ Under the Hindu Succession Act, 1956, the property devolves

    equally upon her heirs.

    112. ⁠ The Honourable Supreme Court in Vineeta Sharma v. Rakesh

    Sharma40 emphasised that the statutory scheme of succession under

    Hindu law must be applied in a manner that advances equality in

    matters of inheritance.

    113. ⁠Applying the statutory scheme of succession, the husband and

    the two children each acquired equal share.

    114. ⁠Each of them therefore acquired one-third undivided share in

    the suit schedule property.

    Effect of Testamentary Disposition

    115. The respondent relies upon the Will dated 22.10.1972 executed

    by A. Devarajan.

    116. ⁠Even assuming the Will to be valid, it can operate only to the

    extent of the share belonging to the testator.
    40

    AIR 2020 SC 3717
    47
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    117. ⁠A co-owner cannot bequeath property beyond his own share so

    as to defeat the rights of the other heirs.

    118. The appellant is therefore entitled to one-third share in the suit

    schedule property. Accordingly, Point No. (iii) is answered in favour

    of the appellant to the extent indicated above.

    CONCLUSIONS:

    119. The plea of benami raised by the respondent is unsupported by

    convincing evidence.

    120. The registered sale deed executed in favour of Saraswathi Bai

    must therefore be given full legal effect.

    121. Upon her death intestate the property devolved equally upon her

    husband and two children each, therefore acquired one-third share in

    the property.

    122. The Will executed by A. Devarajan could operate only with

    respect to his one-third share.

    RESULT

    123. The City Civil Court Appeal No.291 of 2003 is partly allowed.
    48

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    124. The judgment and decree dated 09.06.2003 in O.S. No.124 of

    1999 passed by the learned I Additional Chief Judge, City Civil Court

    at Secunderabad are set aside.

    125. The appellant No.2, who is one of the legal representatives of

    appellant No.1/plaintiff, was brought on record by virtue of Will dated

    10.06.2000 as per the order dated 27.09.2012 in CCAMP

    No.435/2012, is entitled to one-third (1/3rd) share in the suit schedule

    property.

    126. A preliminary decree for partition shall be drawn accordingly.

    127. CRP Nos.5194, 5329 and 6495 of 2005 are dismissed.

    128. There shall be no order as to costs.

    Pending miscellaneous applications, if any, shall stand closed.

    _________________
    K. LAKSHMAN, J.

    __________________________________
    VAKITI RAMAKRISHNA REDDY, J.

    Date: 12.03.2026
    AS



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