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Issues:
Appeal against judgment modifying decree passed by District Judge. Analysis: 1. The case involved a dispute between two members of a Joint Hindu family regarding ownership of buses and stage carriage permits acquired post-partition. The plaintiff claimed that the defendant was acting as a Benamidar, carrying out business on his behalf. 2. The Trial Court decreed the suit entirely in favor of the plaintiff, but the District Judge modified the decree, confirming it only for four buses and setting aside the decree for one bus (MDU 4069). The High Court found that both parties engaged in fraudulent activities to obtain permits, violating the Motor Vehicles Act. 3. The High Court held that granting a mandatory injunction for permit transfer would legitimize the fraudulent actions, and the plaintiff could not obtain a declaration for one bus (MDU 4069) as per the District Judge's decision. 4. The appellant argued that the Motor Vehicles Act does not mandate permits to be obtained only by the real owner of the vehicle, citing relevant statutory provisions. The court referred to Section 42(1) and emphasized that the Act only requires compliance with permit conditions, not necessarily issuance to the owner. 5. The court discussed the amendment in Section 60(1)(c) and highlighted conflicting interpretations by different High Courts. It agreed with the Allahabad High Court's interpretation that the clause does not make it mandatory for the permit holder to be the owner of the vehicle covered by the permit. 6. The court rejected the notion that the Act prohibits Benami transactions or individuals owning buses Benami from applying for permits. It cited precedents supporting the legality of Benami transactions in India. 7. Ultimately, the appeal was allowed, setting aside the High Court's decree and restoring the District Judge's decree, except for the fifth bus (MDU 4069). The appellant was awarded half costs in the Supreme Court, and parties were directed to bear their own costs in the High Court.
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