name which in effect
amounts to an assertion of its being benami (under the provisions of Benami
Transactions (Prohibition) Act, 1988 [hereafter "the Benami ... decided
after considering all the materials on record. The applicability of the Benami
Act was denied and it was asserted that Satyapal followed an enforceable
Mohan
Bhattacharyya Road was purchased by Balai in the benami of his
eldest son being the plaintiff herein. Chaya gifted the schedule ... consideration of Rs.2312/-. The
yardsticks which are applicable to prove the benami nature of
transaction, has been laid down
enjoyed the possession of the entire property. In 1988, when Benami Transaction
Prohibition Act, 1988 was enacted, Sh. Pritam Lal Bakshi started to claim himself ... Vidyawati? OPP.
3. Whether the subject property was purchased by Late Vidyawanti benami in the
name of the defendant? OPP.
4. Relief
property) purchased by her late father namely
Sardar Harnam Singh Anand as benami in the name of his wife
Smt.Harbans Kaur ... contends that the suit
is barred by Section 3 of the Benami Transaction Act. The suit is based on
false pleadings for the reason
Whether the Suit is barred by the provisions of the
Benami Transaction (Prohibition) Act, 1988 ?"
2 Suit No.2362 of 2012 was filed ... suit was
barred by the provisions of Limitation Act, 1963 and the Benami
Transactions (Prohibition) Act, 1988 . By an order dated 27 th February
Laxmibai, who was the real owner and had purchased the suit land
benami in the name of the plaintiffs by the registered sale-deed
dated ... Courts below have erred in Does not survive.
applying the provisions of Benami
Transaction Prohibition Act in respect of
transaction of purchase of property made
appellant had to succeed, in view of the express
provisions of the Benami Transactions (Prohibition) Act, 1988 (hereafter "the
Benami ... respect of any
CO.APP.4/2014 Page 12
property held benami against the person in whose name the property is held
or against
deceased husband of the defendant
no. 1, was that of a Benami Transaction as defined under Section 2 (a) of the
Suit ... Kumar Thakkar Vs. Smt. Manju 9/ 16
Benami Transactions (Prohibition) Act, 1988 and such transaction is not only
prohibited but the right of the real
suit of the plaintiff is hit by the provisions of
Prohibition of Benami Transactions Act ? OPD
4. Whether the suit of the plaintiff ... suit of plaintiff is hit by the provisions of
Prohibition of Benami Transactions Act ". The onus to prove this issue is on the
Page
G.Narayan Reddy vs P.Narayana Reddy on 19 February, 2016
Author: B.Siva Sankara
