TaxTMI 
TaxTMI 
2023 (5) TMI 267
X X X X Extracts X X X X
X X X X Extracts X X X X
.... CAV ORDER Heard learned counsel for the petitioners and learned counsel for the opposite parties. 2. By the impugned order dated 21.11.2019, the learned Sub-Judge has rejected the petition filed by the defendant-petitioner (original petitioner) praying for rejection of plaint under Order VII Rule 11 D of the Code of Civil Procedure in Title Suit No. 404 of 2016. 3. The plaintiffs filed the suit for declaring the Schedule 1 land of the plaint as it is the joint family property and for permanent injunction restraining the defendant, namely, Anpurna Devi (original petitioner) not to transfer the suit property in favour of any person till her lifetime. The defendant filed the petition praying for rejection of plaint on the ground that from....
X X X X Extracts X X X X
X X X X Extracts X X X X
....vi (original petitioner) from the joint family business income. Similarly, other properties were also purchased on 21.3.2005 and 27.10.10 in the name of defendant namely Anpurna Devi (original petitioner) from the income of joint family business. Further, the case of the plaintiffs is that the husband of plaintiff No. 4, namely, Shyam Lal Gayab had constructed residential house upon Plot No. 987 (new) with the income of joint family business, in which the plaintiffs resided. Defendant No. 2 and 3 are cunning and shrewd men and has intention to grab share of the plaintiffs and as such, they have brought the defendant No. 1 in collusion and the plaintiffs have apprehension that they would create any document of transfer in favour of defendant....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ial Court it appears that the claim of the defendant, namely, Anpurna Devi (original petitioner) of this Civil Revision application is barred by Benami Transactions (Prohibition) Act, 1988. 9. Section 4 of the Benami Transactions (Prohibition) Act, 1988 reads as follows:- "Prohibition of the right to recover property held Benami- (1). No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. (2). No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rt has held that although the provision under Section 4 of the Benami Transactions (Prohibition) Act, 1988 will be applied but it has to be made clear that when a suit is filed or defence is taken in respect of such Benami transaction, involving purchase of property by any person in the name of his wife or unmarried daughter, he cannot succeed in such suit or defence unless he proves that the property although purchased in the name of his wife or unmarried daughter, the same had not been purchased for the benefit of either the wife or the unmarried daughter, as the case may be, because of the statutory presumption contained in Sub-section (2) of Section 3 that unless a contrary is proved that the purchase of property by the person in the na....