TaxTMI 
TaxTMI 
2021 (8) TMI 820
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..... TN 65 Y 9516 together with permit to ply in the route from Paramakudi to Tirupathur, was owned by them, but the registration certificate and route permit stand in the name of their mother/first defendant, filed the above suit claiming the following reliefs:- (a) Granting an order of permanent injunction against the first defendant or her agent not to alienate or encumber the schedule mentioned bus and route in any manner. (b) Granting an order of permanent injunction to restrain the first defendant or her men or agent not to interfere with the peaceful possession and enjoyment of the schedule mentioned bus by the plaintiffs. (c) Granting an order of permanent injunction against the defendants 2 to 4 not to transfer the schedule mentioned route permit to the third party without consent of the plaintiffs. 5. By amending the plaint, they have also claimed the following reliefs:- (c) Declaring that the bus route and permit belong to the plaintiffs. 6. The first defendant, by disputing the claim of the plaintiffs, has filed the written statement-cum-counter claim with the following prayers:- (a) For mandatory injunction directing the plaint....
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.... any objection, the said memo was ordered to be recorded. As rightly contended by the learned counsel for the plaintiffs and as rightly observed by the learned Trial Judge, since the relief claimed as against the transport authorities were already given up and the reliefs claimed against the first defendant alone are pending, the question of bar under Section 94 of the Motor Vehicles Act does not arise at all. 10. Now coming to the bar of the suit under Section 4 of Benami Transactions (Prohibition) Act, 1988, the plaintiffs after amending the plaint, have claimed the relief of declaration that the suit bus and route permit are belonging to them and for permanent injunction originally claimed against the first defendant restraining her from alienating or encumbering the bus and route permit and also restraining her from interfering with peaceful possession and enjoyment of the bus by the plaintiffs. 11. The plaintiffs' specific case is that they had purchased the stage carriage permit to operate passenger bus from Paramakudi to Tirupathur and the bus bearing Registration No. TN 63 5900 in the name of the first defendant from and out of income of the plaintiffs, that they ....
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.... the name of his wife/first defendant out of love and affection and for the benefit of his wife and children and as such the suit is barred under Section 3(2) of Benami Transactions (Prohibition) Act, 1988. Section 3(2) of the said Act contemplates that Sub Section 1 shall not apply to the purchase of the property in the name of wife or his unmarried daughter and it is presumed, unless the contrary is proved, that the suit property had been purchased for the benefit of wife or unmarried daughter. This Court, by observing that the issue is not a pure question of law but mixed question of fact and law and that same can be decided only after detailed trial by appreciating the oral and documentary evidence let in by the parities, dismissed the revision petition by confirming the order of the Trial Court. 15. At this juncture, it is necessary to refer the judgment of this Court rendered by Hon'ble Mr. Justice R. Subramanian in C.S. No. 422 of 2001 and TOS No. 33 of 2008, dated 14.10.2009 (Mrs. Charale Sundararaj (Died) and Others Vs. C.M. Dhinkaran @ Suresh and Others) and the relevant passages are extracted hereunder:- "15. Issue No. 10:- This issue relates to ....
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....f another person towards whom he stands in such capacity and includes a trustee, executor, partner, director of a company, a depository or a participant as an agent of a depository under the Depositories Act, 1996 (22 of 1996) and any other person as may be notified by the Central Government for this purpose; (iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual; (iv) any person in the name of his brother or sister or lineal ascendant or descendant, where the names of brother or sister or lineal ascendant or descendant and the individual appear as joint-owners in any document, and the consideration for such property has been provided or paid out of the known sources of the individual; or (B) a transaction or an arrangement in respect of a property carried out or made in a fictitious name; or (C) a transaction or an arrangement in respect of a property where the owner of the property is not aware of, or, denies knowledge of, such ownership; (D) a transaction or an arrangement in respect of a pr....