property, the appellant/defendant has denied and disputed the validity of the marriage of the plaintiff with the lessor, claimed the acquisition of the property to be funded by his father and thereby set up a claim of Benamidar. The defendant, however, has not brought any evidence at the trial to establish that any funds were made available by his father to the lessor for acquisition of the suit property. He has merely produced one letter (Exhibit ‘C’) addressed to him by his father wherein it is stated that he had sent Rs. 30,000/- to the lessor for purchasing some land in the name of the defendant. No document has, however, been produced at the trial, nor any witness has deposed that such claimed amount was ever received by the lessor for purchase of the suit property. During his cross-examination the defendant has admitted that he cannot produce any document to show that he looked after the lessor. He has not filed any counter-claim in the suit, if the same could have been legally filed, claiming the Benami transaction in respect of the suit property. The Sale Deed (Exhibit 1) from which the lessor acquired right, title and interest in the suit property, has also never been put to challenge by the
