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    <title>2015 (2) TMI 1362 - DELHI HIGH COURT</title>
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    <description>Registered title documents prevailed over the defendant&#039;s plea of benami ownership and an alleged oral family settlement. The Court held that the defence was inconsistent with the admitted registered gift deed and conveyance deed, unsupported by any written instrument, and barred by the Benami Transactions (Prohibition) Act, 1988; it therefore raised no real triable issue and amounted to a moonshine defence fit for judgment on admission. As the defendant had not pursued any independent proceeding to prove the alleged settlement, the plaintiff was entitled to relief under Order XII Rule 6 CPC. The suit was decreed for mandatory and permanent injunction, while monetary relief was refused.</description>
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    <pubDate>Thu, 12 Feb 2015 00:00:00 +0530</pubDate>
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      <title>2015 (2) TMI 1362 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=297497</link>
      <description>Registered title documents prevailed over the defendant&#039;s plea of benami ownership and an alleged oral family settlement. The Court held that the defence was inconsistent with the admitted registered gift deed and conveyance deed, unsupported by any written instrument, and barred by the Benami Transactions (Prohibition) Act, 1988; it therefore raised no real triable issue and amounted to a moonshine defence fit for judgment on admission. As the defendant had not pursued any independent proceeding to prove the alleged settlement, the plaintiff was entitled to relief under Order XII Rule 6 CPC. The suit was decreed for mandatory and permanent injunction, while monetary relief was refused.</description>
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      <law>Benami Property</law>
      <pubDate>Thu, 12 Feb 2015 00:00:00 +0530</pubDate>
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