1. By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged the legality and propriety of the judgment & decree dated 10.4.2006 passed by the Additional District Judge (F.T.C.), Pendra Road, in Civil Appeal No.108A/2002, affirming the judgment & decree dated 31.8.2001 passed by the Civil Judge Class-I, Pendra Road, in Civil Suit No.83A/2000, whereby the Civil Judge Class-I has decreed the suit in favour of the respondents.

2. The present second appeal was admitted on 15.9.2011 on the following substantial question of law:-

Whether the suit originally filed by plaintiff was not maintainable as barred in terms of Section 4(iii) (b) of the Benami Transactions (Prohibition) Act, 1988 ?

3. As per initial case of the plaintiff father of the appellant namely Radhikacharan Dubey, after his retirement has purchased suit property bearing khasra No.34/6 area 0.03 acre and khasra No.34/9 area 0.05 acre with constructed house over the property at village Tikarsani, Tahsil Pendra Road on payment of consideration of Rs.9,000/- in the; name of the appellant. At that time appellant was student and was not having any sour