1993 (4) TMI 335

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.... 1. Leave granted. 2. Heard learned Counsel for the parties. 3. This appeal arises out of a suit filed by the appellants under Order 21, Rule 58, C.P.C. in respect of property which was attached and sold in execution of a decree passed against respondent No. 3. The appellants are the son and daughter of respondent No. 3. They are claiming the property on the basis of a sale deed dated Oct....

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....ng the pendency of this matter in this Court the Benami Transaction (Prohibition) Act (45 of 1988), [hereinafter referred to as 'the Act'] was enacted by Parliament and in view of the provisions of the Act the appellants have filed an application for urging the additional ground that plea about benami nature of the transaction is not available to the contesting respondents. Since the addit....

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.... such property. (3 )Nothing in this section shall apply- (a)where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or (b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benef....