The central legal point established in the judgment is the applicability of the Benami Transactions Act to claims related to properties held in the names of the defendants.

Rajiv Sahai Endlaw, J.

I.A. No.6616/2010 in CS(OS) No.2154/2007 & I.A. No.907/2011 in CS(OS) No.571/2008 (both u/O 12 R-6 CPC)

1. CS(OS) No.2154/2007 has been filed by the plaintiff against his father (defendant No.1), mother (Mrs. Geeta Batra, defendant No.2), his sister (Mrs. Jaya Batra defendant No.3) and against the daughter of his said sister (Ms. Deeksha Laxmi Wadhera Batra defendant No.4) claiming,

(a) that the following eight properties i.e.

(i) C-173, Defence Colony, New Delhi-110 024.

(ii) Plot of land bearing No.1035, Sector 40, Gurgaon.

(iii) C-28, Defence Colony, New Delhi-110 024.

(iv) J-10, 2nd Floor, Saket, New Delhi. (Benamiholder defendant No.4)

(v) Flat No.901B, Kukreja Center, Central Business District, Belapur, Navi Mumbai.

(vi) Plot No.1029, Section 17B, Gurgaon.

(vii) Building No.3, Ground Floor, Resort Garden, Mashobra, Shimla, Himachal Pradesh.

(viii) House No.8, Block F-1, Hauz Khas, New Delhi.

are the properties of Mr. Y.P. Batra HUF or properties purchased out of HUF funds;

(b) relief of permanent injunction restraining the defendants from dealing with the said properties;

(c) declaration that the Gift Deed of property No.C-173, Defence Colony, New Delhi executed by the defendant No.1 in favour of the defendant No.4 as void and in the alternative for declaration that the said Gift Deed pertains only to the share of the defendant No.1 in the property No.C-173, Defence Colony, New Delhi;

(d) declaration that the plaintiff is the owner of 25% of property No.C-173, Defence Colony, New Delhi in his individual capacity and the remaining 75% share in the said property is to be partitioned amongst the coparceners; and,

(e) partition of all the aforesaid properties.

2. CS(OS) No.571/2008 has been filed by the children of the plaintiff in CS (OS) No.2154/2007 for the same reliefs as claimed in CS(OS) No.2154/2007.

3. The plaintiff/s in the two suits seek decree on admission qua property No.C-173, Defence Colony, New Delhi. It is contended that the contesting defendants have in their written statement admitted to the rent of the said property being credited in the account of Mr. Y.P. Batra HUF. It is thus argued that there is no dispute at least of the said property being HUF property and the same be partitioned declaring the share of different parties in accordance with law. It is further contended that the plea of the contesting defendants, of the said property also being the personal property of Sh. Y.P. Batra and the rent being received in the name of Mr. Y.P. Batra HUF only by way of tax planning without making the HUF the owner of the said property, is of no avail. It is yet further contended that the said defendants themselves had filed documents being returns of income tax of Mr. Y.P. Batra HUF signed by Sh. Y.P. Batra as Karta, also admitting the said property to be of the HUF.

4. It is thus contended that the plaintiff/s are immediately entitled to a preliminary decree for partition of C-173, Defence Colony, New Delhi and of declaration of the Gift Deed by Sh. Y.P. Batra of the said property in favour of Ms. Deeksha Laxmi Wadhera Batra as null and void.

5. Needless to state that Mrs. Jaya Batra & Ms. Deeksha Laxmi Wadhera Batra and Mrs. Geeta Batra have contested the application. Sh. Y.P. Batra has since died.

6. I have perused the written statement of the contesting defendants and am unable to find any unequivocal and unambiguous admission therein. There is however no need to elaborate further on the matter inasmuch as it is also the plea in the written statement that there was ultimately a family settlement in December, 2003 where-under flat No.LCG-0204A, Laburnum, Sector-28, Sushant Lok, Gurgaon, Haryana and plot of land ad-measuring 500 sq. yds., DLF, Phase-III, Gurgaon, Haryana in the joint names of Mr. Ajay Batra and Mrs. Geeta Batra were vested exclusively in Mr. Ajay Batra and a Power of Attorney was also executed by the defendant Mrs. Geeta Batra in favour of Mr. Ajay Batr