Report No. 57
2.3. Principle that transaction is presumed to be for benefit of person providing money.-
The principle is that where property is acquired in the name of one person but the purchase price is paid by another, a presumption arises that the transaction was one for the benefit of the person providing the money. Such cases are common in India where 'benami' transactions are recognised.
In support of this general proposition, the under mentioned cases1-2 may be cited:
1. Gopee Krist Gosain v. Ganga Prasad Gosain, (1854-57) 6 MIA 53 (PC) (See para. 1.12 supra).
2. Bibs Kunwar v. Desraj Singh, 1915 ILR 37 All 557: 42 IA 202: 19 CWN 1207 (PC).
3. Nrityamoni Dasi v. Lakhan Chander Sen, 1916 ILR 43 Cal 660: 20 CWN 552 (PC).
4. Raja of Deo v. Abdullah, 1918 ILR 45 Cal 909: 45 IA 97: 22 CWN 891 (PC).
5. Gur Narayan v. Sheo Lal Singh, 1919 ILR 46 Cal 566 (PC).
6. Promode Kumar v. Madan Mohan, AIR 1923 Cal 228: 27 CWN 305.
Back
