Narendra Prasad Singh vs Ram Ashish Singh & Ors on 4 July, 2018
26. Relying on another decision of the Supreme
Court in the case of M/S Rishi Trade Centre Vs. Collector of
Customs and others (AIR 1997 SC 1786), Mr. Arora contends
that a property of a lady, even if she is not in actual physical
possession, but has got the right to possess, will be deemed to
be her stridhan and she would be the owner of the said property,
for all purposes. He has then relied on Section 4 of the Benami
Patna High Court SA No.229 of 2002 dt. 04-07-2018
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Transactions (Prohibitions) Act, 1988 to contend that no suit can
be filed for seeking a relief that the property, even though
standing in the name of another, is in fact, the property of the
plaintiff. Since the suit was filed in the year 1990, after coming
into force of the said Act, the institution of the suit itself was
barred in view of the said provision of law.