that neither of the parties tried to press into service the Benami Transaction (Prohibition) Act, 1988 and also about the concepts retrospective and retroactive operations ... recitals of Ex.B1 that there is any semblance of Benami Transaction.
24. It is quite obvious that Ex.B1 emerged during
Courts below discussed those facts in the light of the provisions of Benami Transactions (Prohibition) Act, 1988 . The suit property was purchased by Antoney Doss ... emerged. The Courts below correctly and appropriately applied the provisions of the Benami Transactions (Prohibition) Act, 1988 and decided the lis.
11. I would like
first appellate Court has not
properly applied the law relating to Benami transactions. The original
documents relating to the suit properties were produced before ... Whether the vacant land purchased by the husband benami in the name of
his wife, but constructions put up by him and registered all other
thereby, deprived the plaintiff of his legitimate right over it.
(iii) The Benami Transactions (Prohibition) Act, 1988 (hereinafter referred ... property of Singara Gounder and not the property of the plaintiff held benami in the name of his father is legally correct
name of D1, his wife. The said property was purchased benami in the name of D1, which was intended to confer any benefit ... suit filed by the plaintiff was hit by Section 4 of the Benami Transactions (Prohibition) Act 1988(Act 45 of 1988).
(b) The lower Court
first appellate Court has not
properly applied the law relating to Benami transactions. The original
documents relating to the suit properties were produced before ... Whether the vacant land purchased by the husband benami in the name of
his wife, but constructions put up by him and registered all other
cost of D2?
(ii) Whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 would operate as against the plea of the defendants ... outset I would like to refer to Section 4(1) of the Benami Transactions(prohibition) Act, 1988(hereinafter referred
substantial questions of law:
"a) Whether under the provisions of the Benami Prohibition Act it is open to the plaintiff to plead that ... sale Deeds in favour of the defendants were Benami Transactions and the defendants 1 and 2 were not the real owners.
b) Whether even
coparcener with in the meaning of Sec.4(3)(a) of Benami Transactions (Prohibition) Act, 1988."
5.Heard both.
6.My learned predecessor formulated ... coparcener within the meaning of Section 4(3) of the Benami Transactions (Prohibition) Act 1988." (extracted as such)
7.On hearing both sides
claiming the suit property as a benami. He did not prosecute the suit and allowed the suit to be dismissed for default ... purchase the suit properties in the name of his minor son as benami, since he had a genuine fear that his father and brother would
