Smt Shaiken Bee and Ors. v. Smt Gousia Begum and Ors.
Case brief
What is this about?
The appeal concerned whether the 5th defendant, who purchased property in his minor son's name, was the real owner under the Benami Transactions (Prohibition) Act. The court held that the purchase was for the benefit of the son as a Hindu undivided family coparcener, and the son was the real owner, so the 5th defendant could not claim title. The appeal was allowed.
What did the court decide?
The suit for declaration and injunction was dismissed; the 5th defendant was held not to be the real owner.