appellants. Though an issue whether
appellants could raise a plea of binami transaction was raised learned
Munsiff considered the same as a preliminary issue ... appellate court referring to that judgment observed that the plea of
binami transaction has been found against by this Court. First
appellate court agreed with
such objection of defendants is misplaced as the relevant
binami transaction (Prohibition Act ), itself make a exception in case of
purchase of property ... funds still same is not hit
by provision of binami transaction Act. In fact, if there is no such exception
in favour of the wife
property obtained in the name of the first respondent is a binami
transaction as the entire fund was utilised by selling the property
Late Shri.G.Varadaraj is concerned. Accordingly, it was held that the transaction between the donors, namely Late Shri.G.Varadaraj and Shri.G.Govindasamy ... hand and the petitioner on the other hand are binami transactions to defeat the provisions of the Act. As a consequence thereon, the lands were
transaction in fact is
prohibited in law since it amounts to Binami transaction. The sale deeds
executed by Sumathi in favour of her sons
suit is barred in view of the provisions of the Binami Transactions (Prohibition) Act, 1988. The claim of Trust has been brought about
said document is false and fabricated one. It is only a binami transaction and sham and nominal. The respondent has not obtained certified copy
though not coparceners,
are included. As a matter of fact, the Binami Transactions (Prohibition) Act,
itself exempts such transaction from its purview. However, once
courts below are
not correct. According to the learned counsel, the Binami Transaction
(Prohibition) Act, 1988, (for short the 'Act') was passed only ... that no claim or action based on a plea of binami
could be raised or made in any proceeding after the Act came into
force
indicates that the said
sale transactions that earlier took place are binami
transactions. Even there is no difference in the sale price from
the earlier ... wife and his relatives and it also indicates that they
are binami sale transactions. Therefore, it is stated in the
preliminary enquiry report that
