1. Heard the submissions made on either side.

2. The defendant aggrieved by the dismissal of the petition filed by him under Order 7, Rule 11 of C.P.C. to reject the plaint, has preferred the present Revision Petition.

3. The respondent/plaintiff filed a suit for declaration that he is the owner of the suit property. The respondent/plaintiff is none other then the eldest son of the petitioner/defendant.

4. The Contention of the respondent/plaintiff is that he purchased the suit property of course in the name of his mother, as the petitioner herein was a bachelor then. The mother has no independent source of income. Therefore, he is the absolute owner of the suit property.

5. The petitioner/defendant resisted such a plea emanated form the plaintiff. The petitioner/defendant contends that she is the absolute owner of the suit property. It is further contended that as per Section 4 of the Benami Transaction (Prohibition) Act, 1988 the respondent/plaintiff is debarred from filing a Suit making a claim over the property which was allegedly held benami in the name of his mother.

6. A separate Petition in I.A. No. 5010 of 2007 was filed by the petitioner/defendant praying to re