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1 - 10 of 35 (0.27 seconds)Section 4 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
The Code of Civil Procedure, 1908
Section 7 in The Benami Transactions (Prohibition) Act, 1988 [Entire Act]
Satish Kumar Gupta vs Shanti Swaroop Gupta And Ors on 5 July, 2018
Learned Trial Court further held that the family settlement dt.
17.10.1979 was of no consequence as the property had been purchased in
defendant's name. It was held that if one party had absolute title in his
favour and the other party had no interest therein, then any title or interest
in the said property could only be transferred by execution of a sale deed
as per the provisions of Transfer of Property Act and Registration Act.
Thus, the said family agreement dt. 17.10.1979 could not create any right
in plaintiff's favour. It was reasoned that the said family agreement only
provided that the defendant would transfer first floor of the property to the
plaintiff. Thus, learned Trial Court was of the view that plaintiff could not
claim any right, title or interest in the property on the basis of the said
agreement without suing for specific performance of the agreement. It
was also observed that the mere fact that defendant had executed GPA in
plaintiff's favour and that plaintiff had been occupying the property since
inception conferred no title in him in the property in question.
Furthermore, learned Trial Court noted that plaintiff did not plead the
source of purchase money; that it is only pleaded that plaintiff contributed
to the purchase of land, without specifying as to how it was done,
RCA DJ No. 167/19 Dr. Hari Om Gupta v. Krishan Garg Page 6 of 15
especially when he was a minor at the relevant time.
Sri Marcel Martins vs M. Printer & Ors on 27 April, 2012
It will be fruitful to refer the judgment of Hon'ble Supreme Court in
Marcel Martins Vs. M printer And Ors (2012)5 SCC 342. In this case the
Hon'ble Supreme Court recognised section 4(3)(b) as an exception to
prohibition of right to recover Benami Property. It was held "44. The
cumulative effect of the above circumstances when seen in the light of the
substantial amount paid by late Shri C.F. Martins, the father of the
RCA DJ No. 167/19 Dr. Hari Om Gupta v. Krishan Garg Page 10 of 15
parties, thus puts the appellant in a fiduciary capacity visàvis the said
four persons. Such being the case the transaction is completely saved
from the mischief of Section 4 of the Act by reason of the same falling
under Subsection 3(b) of Section 4. The suit filed by the respondents was
not, therefore, barred by the Act as contended by the learned counsel for
the appellant. The view taken by the High Court to that effect is affirmed
though for slightly different reasons".
Pawan Kumar vs Babulal Since Deceased Through Lrs on 2 April, 2019
In Hon'ble Supreme Court held in Pawan Kumar
Vs Babulal (2019) 4 SCC 367 the question the plea whether the Suit is
barred under section 4 of the Act or not is not the subject matter of
assessment at the stage when application under order 7 Rule 11 CPC was
taken up for consideration. Thus, it is required to be ascertained whether
there exists fiduciary relation between the parties, which can only be done
after appreciation of facts and evidence.
K.L. Garg vs Rajesh Garg & Ors. on 24 January, 2013
Further, the judgments Satish Kumar v. Shanti Swaroop Gupta,
2018 SCC OnLine Del 9651 an K.L. Garg Vs. Rajesh Garg & Ors relied
upon the Ld. Trial Court are not applicable on the set of facts of the instant
lis and are not therefore applicable. In these judgments the plaintiff (s) had
contributed in the purchase of the property whereas in the given situation
the plaintiff has stated to have jointly purchased the suit property with his
elder brother. Plaintiff is claiming to have equal share in the property
which he jointly purchased with his elder brother and this fact is duly
acknowledged by the defendant in agreement dt. 17.10.1979. In the given
situation the plaintiff is also claiming to be a minor which is not the
situation in the aforesaid judgments.