Satyendra Dwivedi v. Hemlata Dwivedi and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Online)(Chh) 39

CHHATTISGARH HIGH COURT
A.P. Srivastava, J
Satyendra Dwivedi v. Hemlata Dwivedi and Others

Table of Content
1. appellant’s claim about property ownership. (Para 1 , 2 , 4)
2. reliefs sought in the civil suit. (Para 3)
3. defendants' application reasons. (Para 5 , 6)
4. court's interpretation of the act. (Para 7 , 8)
5. ruling and implications of the final decision. (Para 9 , 10 , 11)

1. The appellant / plaintiff is aggrieved by an order dated 29-12-2007 passed in Civil Suit No. 20 - A of 2007 by the Additional District Judge, Bilaspur whereby on an application filed by the respondents / defendants under O.7, R.11 of CPC the suit was dismissed as barred under S.4(1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as the Act of 1988).

2. Admittedly, the appellant / plaintiff and the respondent / defendant No. 2 are the sons of respondent / defendant No. 1 - Smt. Hemlata Dwivedi, who is the widow of Babulal Dwivedi. A registered sale deed was executed on 11-10-1974 wherein Smt. Hemlata Dwivedi was shown as the purchaser of the suit property. On 11-4-2005. Hemlata Dwivedi executed a sale deed of the suit property in the name of respondent No. 2 and his wife / respondent No. 3. It is also not in dispute that in Civil Suit No. 43 - A / 2005 instituted by r