purchase of the suit properties would
constitute Benami transactions, which is barred under Section 4 of Benami
Transaction (Prohibition) Act, 1988 (hereinafter referred ... supra) that, „ The
Benami Transaction (Prohibition) Act, 1988 (hereinafter referred to as „the
Benami Act ‟) and which Act states that property in the name
Hindu Women's Right to Property Act, 1937 ,
Benami Transactions (Prohibition) Act, 1988 and Hindu Succession Act,
1956 and the suit was liable ... passing of Benami Transaction
(Prohibition) Act, 1988 now Prohibition of Benami Transactions
(Prohibition) Amendment Act, 2016 which states that the property in the
name
which requires consideration is whether the Benami Transaction
(Prohibitions) Act, 1988 (hereinafter referred to as "the Benami Act )
permits a plaintiff to base ... recover
property held benami, the law has culled out certain exceptions to benami
transactions under Section 3(2) of the Benami Act which reads
Consent Decree dated 10.09.1985. However, the remaining portion of
the property, which includes Haveli, shops and buildings, was never given
to defendant ... owner. The
suit is barred under Prohibition of Benami Property Transactions Act,
1988 (As amended up to date).
12. Additionally, the suit is barred
being an owner of the suit property, is
barred under Section 4 of the Benami Transaction (Prohibition) Act, 1988.
The limitation under Section ... aforesaid Writing, and thus, the
provisions of prohibition of Benami Property Transaction Act, 1988 were
not applicable.
25. This application was contested by respondent
which requires consideration is whether the Benami
Transaction (Prohibitions) Act, 1988 (hereinafter referred to as "the Benami
Act ) permits a plaintiff to base ... right to recover property held benami, it
recognizes certain exceptions to benami transactions under Section 3(2) of
the Benami Act which reads
which requires consideration is whether the Benami
Transaction (Prohibitions) Act, 1988 (hereinafter referred to as "the Benami
Act ) permits a plaintiff to base ... right to recover property held benami, it
recognizes certain exceptions to benami transactions under Section 3(2) of
the Benami Act which reads
pertinent to refer to Section 2(9) of Prohibition of
Benami Property Transactions Act, 1988, which defines benami
transactions. It reads as under ... person,
and the consideration for such property has been provided, or
paid by, another person; and
(b) the property is held for the immediate
suit property was an HUF property purchased by defendant No.1 from the
funds received in lieu of the ancestral property in Pakistan ... Benami
Transactions (Prohibition) Act, 1988 as it previously stood and Section 2(9)
of the Amended Benami Act makes an exception in respect
suit property was an HUF property purchased by defendant No.1 from the
funds received in lieu of the ancestral property in Pakistan ... Benami
Transactions (Prohibition) Act, 1988 as it previously stood and Section 2(9)
of the Amended Benami Act makes an exception in respect
