The plaintiff is the appellant. The respondent-defendant is his wife.

2. The appellant filed the suit O.S.No.27 of 1990 on the file of the Subordinate: Judge's Court, Badagara originally for a declaration that two deeds of assignment taken by the respondent were benami for him and to injunct the respondent from alienating the suit property by executing any deed of transfer in respect of the properties. With the coming into force of the Benami Transactions (Prohibition) Act the appellant sought an amendment of the plaint contending this the Benami Act does not affect his right to the relief claimed by him and that it was open to him to raise the plea of benami notwithstanding the Act. He also included an alternative claim for value of improvements to the tune of Rs.30,000/- on the averment that he has effected improvements in the property and in case it is found that he is not entitled to the declaration sought for by him, he is in any event, entitled to the value of improvements claimed. The respondent-wife resisted the suit. She denied the plea of the appellant that the sale deeds obtained by her are benami for him. She also contended that the suit is barred by the Bena