2025 (9) TMI 149

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....sed the record. 2. Both the revisions have been filed challenging the order dated 21.10.2023 passed by Additional Civil Judge (Senior Division) Court No. 1, Kanpur Nagar rejecting application Paper No. 55-Ga (2) filed by the defendants-revisionists under Order VII Rule 11 of C.P.C. 3. Facts in brief giving rise to the present revisions are that Original Suit No. 286 of 2016 (Devendra Mehndi Ratta Vs. Smt. Anuradha Mehndi Ratta and others) was instituted by the plaintiff-respondent against the defendant-revisionist (defendant No. 2) and defendant-respondent (defendant No. 1) for cancellation of sale deed dated 27.01.2010 executed by defendant No. 1 in favour of defendant No. 2 of shop in dispute. As per the plaint case, plaintiff and d....

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....s 3 and 4 of The Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred as "Act of 1988 "). On 28.08.2018 objections were filed by the plaintiff-respondent and the trial court i.e. Additional Civil Judge (Senior Division) Court No. 1, Kanpur Nagar by judgment and order dated 21.10.2023 rejected the application Paper No. 55-Ga filed by the revisionist. Hence the present revisions. 4. It has been contended by counsel for the revisionists that Section 3 prohibits benami transactions whereas Section 4 of Act of 1988 prohibits the right to recover property held to be benami. It has been further submitted by counsel for the revisionists that no suit, claim or action to enforce any right in respect of any property held bena....

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....aring for the respondents submitted that sub-Section 9 of Section 2 of Act of 1988 defines "benami transactions " meaning a transaction or an arrangement where the property is transferred to or is held by, a person and the consideration for such property has been provided or paid by another person and the property is held for the immediate or future benefit direct or indirect of the person, who has provided the consideration. It has been further contended that sub-Section 9 (iii) of Section 2 provides for exception in respect of properties purchased in the name of the spouse or children. Sub-clause (9) of Section 2 is quoted as under:- " (9) "benami transaction "means," (A) a transaction or an arrangement" (a) whe....