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ANUP JAIRAM BHAMBHANI
Charanjeet Singh – Appellant
Versus
Harvinder Singh – Respondent
JUDGMENT
Anup Jairam Bhambhani J.
I.A.15951/2018 (Under Order VII Rule 11 CPC)
1. By way of the present application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (`CPC'), defendant No.2 seeks rejection of the plaint inter-alia on the grounds that the plaint does not disclose a cause of action and that it is also barred by law.
2. In the present suit, the plaintiffs have made the following prayers:
"(i) Pass a decree of declaration declaring that the property bearing No. F-61, Rajouri Garden, New Delhi is joint property of Plaintiffs and Defendants, both have 50% share each in the same.
(ii) Pass a decree of cancellation in favour of Plaintiffs and against Defendants thereby canceling the sale deed dated 27.03.1992 Registered in the office of Sub Registrar Delhi bearing registration No.18570, in Addl. Book No. I, Vol. No. 5686 on Page No. 109 to 122 registered on 27.03.1992 in the name of Defendant No.2.
(iii) Appoint a Local Commissioner with directions to suggest the mode of partition bearing No.F-61, Rajouri Garden, New Delhi by metes and bounds and to submit a report before this Hon'ble Court thereby declaring the share of the Plaintiffs in the same whereupon,
The court held that the rejection of the plaint was improper as the plaintiff sufficiently alleged that the property did not qualify as benami under the exceptions provided in the Benami Transactions....
The court held that a claim for property belonging to a joint Hindu family is not barred as benami under the Prohibition of Benami Property Transactions Act when purchased with family funds, requirin....
The main legal point established in the judgment is the requirement for clear pleadings and necessary averments for the existence of joint Hindu family/HUF properties, and the court's wide discretion....
The main legal point established in the judgment is the application of the Benami Transaction (Prohibitions) Act, 1988, and the Limitation Act, 1963 in determining the validity of property transactio....
Claims of property ownership must be substantiated with credible evidence, as allegations of trust do not override the Benami Transactions Act without proof of fraud.
At the stage of Order VII Rule 11 of the CPC, the Court cannot go into the veracity of the pleas taken in the plaint or its truthfulness. The same can only be tested in a trial.
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