0107caf1606.09.odt 1/1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CAF NO. 1606/2009 IN FIRST APPEAL NO. 460 OF 2008 Rajendra Kothari vs. Mrs. Roopadevi Nahar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Mr. UN Fuladi, Adv. for the appellant. Mr. RR Vyas, Adv. for the respondent. CORAM : A. B. CHAUDHARI, J. DATE : 01/7/2009. Heard. This is an application for withdrawal of amount deposited by the appellant. It is admitted fact that sale deed of the suit property is in the name of respondent Roopadevi, meaning thereby, she is lawful owner of the property. Learned Counsel for the appellant submits that the respondent failed to prove that she had money to purchase the suit property and it is the case of appellant that he had paid the entire amount to purchase the suit property, in the name of respondent. It means, the transaction was Benami, which is prohibited in law. In view of the above fact, as the respondent is owner of the property, prima facie, she is entitled to derive the benefit of her property. Consequently, the amount deposited by the appellant towards occupation charges will have to be paid to her. Hence, this application is allowed in terms of its prayer, C. A. stands disposed of. JUDGE wwl