ORDER

Heard learned counsel for the parties.

2. This appeal is directed against the order of the High Court dated October 12, 1988 allowing the application under Section 115, CPC, through which the order dated 20th July, 1988 was challenged, in case No. 13 of 1986, whereby a writ for delivery of possession under Order 21, Rule 35 of the CPC was made.

3. The question raised for our consideration is, whether the provisions of Benami Transaction (Prohibition of Right to Recover Property) Ordinance, 1988, which has been replaced by Benami Transactions Prohibition Act, 1988 will apply to an execution proceedings arising out of the proceeding under Section 144 CPC, initiated by the transferee from the heiress of the real owner against the benamidar. In other words, submission is, whether the word action and claim , appearing in Section 4 of the Act means and includes proceeding under Section 144 CPC.

4. The short facts are that the disputed suit property was originally in the name of one Tulsi Bala. A part of this suit property lying in plot No. 615 was purchased in the name of Urmila Dassi who is respondent before us and after the death of Tulsi Bala she became the sole heiress. Some t