( 1 ) HEARD. The plaintiff has, in para 4 of the plaint, clearly raised a plea that the suit property was purchased Benami in the name of defendant No. 1 out of funds provided by there father deceased Lt. Col. K. C. Chopra. Para 4 may be extracted at this stage for easy reference:

"that Lt. Col. K. C. Chopra had paid the amount to the defendant No. 1 for the purchase of property bearing No. D36-A, Rajouri Garden, New delhi and the property was purchased in the name of defendant as a benami and the real owner was Lt. Col. K. C. Chopra and the deceased had invested huge amount for the construction of the aforesaid property and the deceased has allowed the defendant to stay in the aforesaid property as licensee. "

( 2 ) IN the present application the plaintiff seeks to introduce an amendment and to add paras 5a-L. A reading of the proposed amendments would show that the same are meant to only elaborate and elucidate the plea to Benami already raised in the plaint. The proposed amendment is as under:

"5a. That the defendant No. 1 was a housewife at the time of the execution of sale deed dated 22. 4. 63 by the erstwhile owner/land lord of plot Shri J. N. Sood, bearing No. 36a, Rajouri Garden, New Delhi. That the defendant No. 1 had also admitted that she was not doing anything at the time of the purchase of the aforesaid property. That the defendant No. 1 had appeared before the Income Tax Authorities in which she had also admitted that she was not earning and the money was paid as gift by her deceased father Shri K. C. Chopra for the purchase of the said plot. That the money for the purchase of property was paid by the deceased K. C. Chopra, father of the plaintiff and the defendant. That a sum of Rs. 500/- was paid in cash prior to the execution of sale deed and Rs. 500/- in cash was paid at the time of execution of sale deed in cash. That remaining sum of Rs. 14,000/- was paid from the bank account of the deceased which Shri K. C. Chopra, which he was maintaining with Punjab national Bank, then functioning from Regal Building, Connaught Circus, new Delhi. That the draft bearing No. 696886 dated 22. 4. 63 drawn on punjab National Bank, Regal Building, Connaught Circus, New Delhi for rs. 14,000/- was prepared from the said account of the deceased K. C. Chopra and his account was debited and the draft was prepared for the sum of Rs. 14,000/ -. That the entire consideration amount was paid by the deceased K. C. Chopra after the sale of the ancestral property of the deceased K. C. Chopra as well as late Dariai Lal Chopra. B. That Shri K. C. Chopra along with his deceased brother Shri D. L. Chopra had received the amount against the claims in respect of the ancestral land/properties owned by their deceased father Shri Ram narain Chopra. That the property bearing No. J-120 situated at Kirti nagar, New Delhi was allotted to Shri K. C. Chopra as well as Shri D. L. Chopra in the claims given by the Government in lieu of the properties owned by their deceased father Ram Narain Chopra in Pakistan. C. That the property bearing No. J-120 Kirti Nagar, New Delhi, was registered/allotted in the names of late K. C. Chopra as well as late D. L. Chopra. D. That both the co-owners/landlords of the said property have received the sale consideration amount after the sale of the property bearing No. J-120, Kirti Nagar, New Delhi. E. That Shri D. L. Chopra had purchased the property bearing No. J-12/ 39 Rajouri Garden, New Delhi. F. That Shri K. C. Chopra had received the sale proceeds in respect of his share of the property and had purchased the property bearing No. D-36a rajouri Garden, New Delhi, in the name of defendant No. 1 Smt. Adarsh bhalla, his daughter, Benami. G. That the defendant No. 1 had also admitted this fact in a statement given before the Income Tax Authorities that the money was given to her for the purchase of the property bearing No. D-36a Rajouri Garden, New delhi by her deceased father K. C. Chopra. H. That no document has been file

Click Here to Read the rest of this document