https://www.taxtmi.com/caselaws?id=761231 Delhi HC rejected plaintiff's suit seeking mandatory injunction for property possession, finding it an abuse of process under Benami Act. Court determined late Sardar Nirmal Singh occupied property as licensee through family arrangement, not as beneficial owner. Plaintiff failed to prove fiduciary relationship existed. Ownership claim barred under Section 4 of Benami Act. Court passed mandatory injunction directing plaintiff to vacate property within four weeks, ordered mesne profits payment, and imposed actual costs on plaintiff for frivolous litigation. Matter listed before Taxing Officer for cost determination. en-us Tue, 29 Oct 2024 00:00:00 +0530 Wed, 06 Nov 2024 20:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761231 Delhi HC rejected plaintiff's suit seeking mandatory injunction for property possession, finding it an abuse of process under Benami Act. Court determined late Sardar Nirmal Singh occupied property as licensee through family arrangement, not as beneficial owner. Plaintiff failed to prove fiduciary relationship existed. Ownership claim barred under Section 4 of Benami Act. Court passed mandatory injunction directing plaintiff to vacate property within four weeks, ordered mesne profits payment, and imposed actual costs on plaintiff for frivolous litigation. Matter listed before Taxing Officer for cost determination. Case-Laws Benami Property Tue, 29 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761231