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Judgment
5 paragraphs · 109 words
1.
The Courts below have found that the sale was not benami. It. is open to them to find from all the facts appearing in the case (including the
custody of the document) that the sale was really in favour of plaintiff even if the purchase-money was actually paid by the 3rd defendant. There is
no rule of law laid down in Bilas Kunwar v. Desraj Ranjit Singh AIR 1915 P.C. 96 regarding the custody of documents. It cannot be regarded as
a decision on the facts. In considering whether a purchase is benami, the source of the money is only one criterion.
2.
The second appeal is dismissed.