2022 (1) TMI 918

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....2011 to be declared as null and void; (b)to declare that the Suit property belongs to him; (c)for permanent injunction restraining the Defendants 1 to 3 from interfering with possession and enjoyment and not to alienate the suit property and (d)restraining the 4th Defendant from registering the documents produced by the Defendants 1 and 3 and for costs. 3.The case of the Appellant/plaintiff is that he is the son of deceased 1st Defendant and his Mother is 2nd Defendant Ms.Samiathal. The 3rd Defendant is his sister. It is his case that he was working in a Baniyan Company and earning good income and he was alone taking care of his parents/Defendants 1 and 2. With the amount earned by him, he purchased the suit property in his father's ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ated 20.06.2011 executed by the 1st defendant in favour of the 3rd defendant is not valid and genuine, is correct? 2.Whether the plaintiff is entitled for the suit property? 3.Whether the plaintiff is entitled for the relief of permanent injunction as prayed for? 4.To what other reliefs if any, the plaintiff is entitled for?" 6.During the trial before the trial Court PW1 to 3 were examined on the side of the Appellant/Plaintiff. DW1 and 2 were examined on the side of the 1st Respondent/3rd Defendant and Exs.A.1 to A.13 and Ex.B.1 to B.7 were marked. On considering the oral and documentary evidence produced before the trial Court, the learned trial Judge found that the Appellant/Plaintiff is not entitled for any....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant/Plaintiff has failed to establish the fact that he has got adequate income to purchase the suit property in his father's name. It is observed that he has not produced a scrap of paper to prove his case, rather he admitted that he has no document to show his income and expenditure. It is also admitted by the appellant that his father earned sufficient income from agriculture and he performed 1st respondent/3rd Defendant's marriage. It is also noted in the judgment of the trial Court that alleged benami transaction in favour of his father cannot be entertained as per Sections 3 & 4 of the Benami Transactions (Prohibition) Act,1988. Sections 3 & 4 of the Benami Transactions (Prohibition) Act,1988 read as hereunder: "3....