Judgment

S. B. MAJMUDAR

( 1 ) IN this group of matters a common question arises for our consideration. It is to the following effect "whether Section 4 (1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to act) can be applied to suit, claim or action to enforce any right in property held benami against person in whose name such property is held or any other person. If such proceeding is initiated by or on behalf of a person claiming to be real owner thereof, prior to the coming into force of Section 4 (1) of the Act. Section 4 with its relevant sub-sections reads as under :-

"prohibition of the right to recover property held benami - (1) No suits, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.

(2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming be the real owner of such pro