https://www.taxtmi.com/caselaws?id=189798 Section 4 of the Benami Transactions (Prohibition of Right to Recover Property) Act, 1988 bars a suit, claim or action by the real owner only where the proceeding is instituted after the Act came into force. An application under Section 144 CPC for restoration of possession, filed and allowed before commencement, was not extinguished by the later enactment. The subsequent delivery of possession under Order 21 Rule 35 CPC was merely consequential and did not amount to a fresh post-commencement claim. The pending proceeding was therefore not hit by Section 4, and the revisional order treating the provision as retrospective was unsustainable. en-us Tue, 25 Jul 2000 00:00:00 +0530 Wed, 25 Dec 2019 18:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189798 Section 4 of the Benami Transactions (Prohibition of Right to Recover Property) Act, 1988 bars a suit, claim or action by the real owner only where the proceeding is instituted after the Act came into force. An application under Section 144 CPC for restoration of possession, filed and allowed before commencement, was not extinguished by the later enactment. The subsequent delivery of possession under Order 21 Rule 35 CPC was merely consequential and did not amount to a fresh post-commencement claim. The pending proceeding was therefore not hit by Section 4, and the revisional order treating the provision as retrospective was unsustainable. Case-Laws Benami Property Tue, 25 Jul 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189798