1989 (3) TMI 9

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bsequently divorced. On September 15, 1942, as per the original of exhibit A-2 and on October 24, 1942, as per the original of exhibit A-3, Abdul Majid purchased the suit property benami in the name of Ummu Ammal, and Abdul Majid is the real purchaser of the suit property. After divorcing Ummu Ammal, Abdul Majid married Ameena Ammal, the mother of the plaintiffs possession continued with Abdul Majid and he sold the suit property to his sons, the plaintiffs under exhibit A-1 on July 19, 1987. However, Ummu Ammal, on May 24, 1977, under exhibit B-1, sold the suit property to the defendant and the defendant tried to interfere with the possession of the waramdar under the plaintiffs of the suit property. In the proceedings before the Sub-Collec....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he provisions of the Benami Transactions (Prohibition) Act, 45 of 1988, hereinafter referred to as "the Act". However, Mr. M. Vellaichamy, learned counsel appearing for the plaintiffs the appellants herein, would endeavour to submit that the plea having been raised and decisions having been rendered one way or the other by the two courts below, and this court being called upon to decide only the propriety or otherwise of the decision of the lower appellate court, the provisions of the Act cannot be strictly put against the advancement of the plea of benami by the plaintiffs. Section 4(1) of the Act alone can be taken to be relevant for the purpose of this case, since we are dealing with the plea of the plaintiffs in their suit that the p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the decree of the High Court has been appealed against, the matter became sub judice again and thereafter this court had seisin of the whole case, though for certain purposes, e.g., execution, the decree was regarded as final and the courts below retained jurisdiction in that regard." The other expressions "claim on action" are general in nature and of wide import and are not to be given time bound or stage bound or forum bound meaning. Coming to the expression "shall lie", it is not possible to annex to it a stringent meaning so as to say it will apply only to proceedings of the nature of a suit, claim or action to enforce any right spoken of in section 4(1) to be initiated after the provisions of the Act came into force, and not to pro....