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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
Kumaresan – Appellant
Versus
K.Valarmathi – Respondent
| Table of Content |
|---|
| 1. revisions filed for striking off plaints (Para 1 , 2 , 3) |
| 2. claims of property ownership after inheritance (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. arguments regarding prohibition of benami transactions (Para 10 , 11 , 12 , 13) |
| 4. court's considerations on property ownership and benami transactions (Para 14 , 15 , 16 , 17 , 18) |
| 5. court discussions on the merits of claims and application of law. (Para 19) |
| 6. suit findings related to benami transaction regulations (Para 20 , 21 , 22 , 23) |
| 7. dissolution and result of the revisions (Para 24 , 25) |
ORDER :
R. VIJAYAKUMAR, J.
1. C.R.P(MD).No.125 of 2019 has been filed by the defendants 1 , 3 and 4 in O.S.No.201 of 2018 on the file of the II Additional District Judge, Tiruchirappalli to strike off the plaint.
2. C.R.P(MD).No.210 of 2019 has been filed by the sole defendant in O.S.No.1087 of 2018 on the file of the II Additional Subordinate Court, Trichy to strike off the plaint.
3. Both the revisions have been filed seeking to strike off these two suits on the ground that they are barred under Prohibition of Benami Property Transactions Act, 1988.
(A) Facts leading to the filing of these revisions are as follows:
4. One Chellappa Gounder h
The suits were determined to be barred under the Prohibition of Benami Property Transactions Act, 1988, except for one property which was deemed exempt under the Act's provisions.
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 prohibition against suits concerning benami transactions under Section 4(1) of the Benami Transactions Act is applicable, and such provisions must be evaluated within the context of the law's ena....
A benami transaction to a married daughter does not qualify for exemption under Section 3(2)(a) of the Old Act, rendering the plaintiffs' suit barred under Section 4 of the Benami Transactions Act.
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.
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