https://www.taxtmi.com/caselaws?id=286769 A long-settled decree recognising another person as the real owner and the plaintiff's predecessor as benamidar defeated the plaint's partition claim, because the property could not be treated as part of the predecessor's estate while that decree remained in force. The plaint also failed to disclose a sustainable cause of action to set aside the decree, as the allegations of fraud, misrepresentation, undue influence, and illegality were unsupported, and the later statutory ban on benami transactions did not unsettle the decree. The declaratory claim was barred by limitation under Article 59, and exclusion of time was unavailable because the earlier proceeding was not pursued in good faith and with due diligence. en-us Tue, 24 Jan 2017 00:00:00 +0530 Sat, 14 Mar 2020 11:12:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286769 A long-settled decree recognising another person as the real owner and the plaintiff's predecessor as benamidar defeated the plaint's partition claim, because the property could not be treated as part of the predecessor's estate while that decree remained in force. The plaint also failed to disclose a sustainable cause of action to set aside the decree, as the allegations of fraud, misrepresentation, undue influence, and illegality were unsupported, and the later statutory ban on benami transactions did not unsettle the decree. The declaratory claim was barred by limitation under Article 59, and exclusion of time was unavailable because the earlier proceeding was not pursued in good faith and with due diligence. Case-Laws Benami Property Tue, 24 Jan 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286769