Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Plaintiff father proved that properties had been purchased with his funds in the name of his two minor sons having no source of income - He also proved that he had possession of property - Defendant/son admitted the suit averments - In these circumstances, elements necessary to establish..........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Agreement to sell -- Specific performance - Benami property - If an agreement to sale suffers from vice of benami transaction within meaning of S.2(a) of Benami Transactions Act, same falls in category of contracts forbidden by law as contemplated u/s 23 of Contract Act, object whereof is unlawful - Hence, inexecutable in an action for specific performance...........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Defendant contended that plea of real consideration of property taken by plaintiff was barred being based on benami transaction - Contention rejected, as recovery suit filed by plaintiff is not based on any plea involving examination of a benami transaction - Besides, plaintiff is not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami transaction - Property purchased in the name of minor daughter by plaintiff - Defendant/daughter admitted that she was minor at the relevant time - She failed to prove that she had raised any loan for purpose of raising construction on suit property - Plaintiffs are real owners in possession of suit..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Property belongs to father - Payment of monies by son for property owned by father - Does not lead to conclusion that son has become owner and not the father in whose name property stands because such plea of son is barred by the Act...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami Property - Merely because property was acquired by father in the name of his son, that by itself would not make the father as owner of said property, particularly when there is no evidence on record that real owner was father - Moreover, in revenue record property stood in the name of son - First appellant..........
Partition suit -- Plea of Benami Transaction - Defendant failed to prove that suit properties were purchased Benami - Admittedly, suit properties were purchased jointly in name of plaintiff and defendant No.1, who are brothers - Moreover, defendant No.1 failed to prove his source for mobilizing funds - Reason for buying property jointly in name of plaintiff and defendant..........
