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NIDHI GUPTA
Niranjan Kaur (Since Deceased) through LRs. – Appellant
Versus
Amarjit Kaur – Respondent
JUDGMENT
Nidhi Gupta, J.
Present Revision Petition has been filed by the petitioner/defendant for setting aside order dated 26.05.2016 passed by learned Additional Civil Judge (Senior Division), Mohali whereby petitioner/defendant's application dated 20.08.2015 under Order 7, Rule 11 CPC has been dismissed.
2. Brief facts of the case are that petitioner-Niranjan Kaur (now deceased) had purchased suit property from the funds given to her by her son, who is the husband of plaintiff/respondent No.1 herein. It is the pleaded case of the plaintiff/respondent No.1 that prior to buying the said property in the name of petitioner-Niranjan Kaur, there was mutual agreement between the parties that the house in question/suit property will be transferred in the name of respondent No.1 and her children. However, as relationship between the parties became strained, petitioner refused to transfer suit property in the name of respondent No.1. Accordingly, respondent No.1 filed a Civil Suit dated 12.06.2015 (Annexure P1) for declaration, permanent injunction and mandatory injunction. In the said Suit, petitioner/defendant moved an application under Order 7, Rule 11 CPC seeking rejection of the plaint
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 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....
A suit claiming rights in property cannot be dismissed at the threshold without a trial based on arguments of benami ownership as these require evidence to substantiate claims.
Benami Transaction – One who alleges that a property is benami and is held, nominally, on behalf of real owner, has to displace initial burden of proving that fact.
The case established that for a transaction to fall under the exception of the Benami Transactions (Prohibition) Act, 1988, the party must prove a fiduciary relationship and provide clear, cogent, an....
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....
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