In Brief
A maternal uncle (Surendra) claimed recovery of ₹80,000 allegedly loaned to his nephew (Sanjay) for business expansion during a property transaction in Indore. Sanjay denied receipt, claiming he returned the amount the same day. The trial court dismissed the suit, but the High Court allowed it, noting the plaintiff's actual funds and the existence of post-dated cheques issued by Sanjay. The Supreme Court upheld the High Court's judgment, rejecting the appellant's contentions that the evidence was misappreciated and that the claim involved a prohibited benami transaction, concluding that the plaintiff's reference to the real sale consideration did not constitute benami because he did not assert any ownership interest in the property itself.
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