Benami Transactions (Prohibition) Act, 1988, Section 4(3), Civil Procedure Code, 1908, Section 96, 100 -- S.4(3) is not applicable when property is joint acquisition by family of brothers - Courts below concurrently found that disputed property of joint acquisition of two brothers and allowed partition - No error - Interference in second appeal not warranted...........
Benami Transactions (Prohibition) Act, 1988, Section 4, 7 -- Petitioner as an agent and power-of-attorney purchased the property but got his name entered in the sale certificate, fraudulently and without consent and knowledge of the principal - Held, title to the property vests in the principal...........
Benami Transactions (Prohibition) Act, 1988, Section 2(a), 4(2) -- Property transferred to `A' but consideration paid by `B' - No reference abut intention of parties made in sale deed - Such transaction becomes `Benami' - In such situation defence based on any right in respect of such property - Not permissible in view of S.4(2)...........
Benami Transactions (Prohibition) Act, 1988, Section 4(2) -- Immovable property purchased jointly by plaintiff and defendants but the entire sale price paid by defendants - To the extent of the half share of the plaintiff, the defendants cannot take the defence of benami in view of S.4(2) of the Act - Plaintiff is entitled to get half share in the property so purchased...........
Punjab Pre-emption Act, 1913, Section 4 -- Collusive or benami pre-emption suit - Pre emptor-plaintiffs minor sons of vendors - Even if vendors provided expenses for litigation enabling their wives to sue on behalf of their minor sons - Cannot lead to dismissal of pre-emption suit for collusion - Minor sons have independent right of pre-emption of claiming possession of..........
