Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Financial assistance - Merely because some financial assistance was given by father to his sons to purchase the properties, transactions cannot be said to be benami in nature...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in nature - Suit..........
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
Adverse possession -- Adverse possession and benami transaction - Both the pleas are mutually inconsistent and destructive - Pleas rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of Benami law - Suit for declaration of title filed in 2011 on the basis of benami transaction which took place in 1964 - Prohibition under Benami Transaction Act is squarely applicable and attracted to the case - Plaint is barred by benami law and liable to be rejected - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Benami transaction - Transaction refereed in plaint occurred in year 1971-72, before passing of Benami Transaction Act, 1988 - However, suit filed after passing of said Act - What is relevant is the date on which suit is filed and not the date on which transaction itself occurred - Since averments in..........
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..........
Civil Procedure Code, 1908, Section 100, Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Second appeal - Question of maintainability of suit on the basis of S.4(1) of Benami Transaction Act - It is purely a question of law and can be decided in second appeal...........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3)(a) -- Benami transaction - Daughter-in-law cannot be a coparcener and consequently, she is not ousted by exception carved out in S.4(3)(a) of the Act...........
