https://www.taxtmi.com/caselaws?id=24012 The Kerala HC construed the Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 as barring not only suits but also execution proceedings to enforce any right in respect of benami property, because execution is a mode of recovering the property itself. The phrase "in respect of" was given a wide meaning, so a decree remained unenforceable while the subject-matter was benami property. The Court also held that a benamidar is not a trustee or fiduciary for the saving clause, and relied on the repeal of section 82 of the Indian Trusts Act, 1882, to conclude that the real owner's right to recover benami property stood extinguished. en-us Tue, 02 Aug 1988 00:00:00 +0530 Fri, 15 Jan 2010 17:47:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=24012 The Kerala HC construed the Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 as barring not only suits but also execution proceedings to enforce any right in respect of benami property, because execution is a mode of recovering the property itself. The phrase "in respect of" was given a wide meaning, so a decree remained unenforceable while the subject-matter was benami property. The Court also held that a benamidar is not a trustee or fiduciary for the saving clause, and relied on the repeal of section 82 of the Indian Trusts Act, 1882, to conclude that the real owner's right to recover benami property stood extinguished. Case-Laws Income Tax Tue, 02 Aug 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=24012