2009 (7) TMI 1355 - HC - Benami Property

Issues Involved:
1. Application under Order VII Rule 11 CPC for rejection of the plaint.
2. Allegation of the suit property being a joint family property.
3. Plea of the property being held in a fiduciary capacity.
4. Applicability of the Benami Transactions (Prohibition) Act, 1988.
5. Limitation for filing the suit.

Issue-wise Detailed Analysis:

1. Application under Order VII Rule 11 CPC for rejection of the plaint:
The appellant (defendant No.1) filed an application under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure seeking rejection of the plaint. The learned Single Judge dismissed this application, and the appellant challenged this dismissal. The court noted that for the purpose of deciding an application under Order VII Rule 11 CPC, only the averments in the plaint should be considered, and not the defense or documents presented by the defendants. The court emphasized that rejection of a plaint is a serious matter and should only be done when the conditions mentioned in Order VII Rule 11 CPC are strictly met.

2. Allegation of the suit property being a joint family property:
The plaintiffs claimed that the property at 6, Cavalry Lines, Mall Road, Delhi, was purchased as a joint family property by Late S. Sucha Singh Anand and Plaintiff No.3. The conveyance deed was executed in the name of defendant No.1, who was to hold the property as a trustee for the entire family. The property was alleged to be purchased for the benefit of all family members and had been in their possession and enjoyment. The plaintiffs argued that the property was treated as joint family property throughout, and the entitlement of other legal heirs was never disputed.

3. Plea of the property being held in a fiduciary capacity:
The plaintiffs contended that defendant No.1 held the property in a fiduciary capacity as a trustee for the benefit of the entire family. The learned Single Judge found that the plaintiffs had specifically pleaded the existence of a trust and that the property was held by defendant No.1 as a trustee for the family members. The court noted that whether the property was actually held in a fiduciary capacity could only be determined after a full-fledged trial and recording of evidence.

4. Applicability of the Benami Transactions (Prohibition) Act, 1988:
The appellant argued that the suit was barred by the Benami Transactions (Prohibition) Act, 1988, as the property was purchased in the name of defendant No.1 and the plaintiffs' case was essentially that of a Benami transaction. The court referred to Section 4 of the Benami Act, which prohibits the right to recover property held Benami, but noted the exceptions provided in sub-section (3) of Section 4. The court found that the plaintiffs had brought out a case within the exceptions, specifically pleading that the property was held by a coparcener in a Hindu Undivided Family or in a fiduciary capacity as a trustee.

5. Limitation for filing the suit:
The appellant contended that the suit was barred by limitation, arguing that the plaintiffs should have sought cancellation of the sale deed within three years of its registration. The learned Single Judge rejected this contention, noting that the plaintiffs were not seeking cancellation of the sale deed but were claiming that the property was joint family property. The court observed that the plaintiffs' right to seek declaration commenced only after the defendant No.1 published a notice in the Statesman on 22.07.2006, which led to the filing of the suit on 18.08.2006.

Conclusion:
The court concluded that the plaintiffs had specifically pleaded the existence of a Hindu Undivided Family and the holding of the property by defendant No.1 for the benefit of the coparceners. The court agreed with the learned Single Judge that the question of whether a Hindu Joint Family existed or whether the property was held in a fiduciary capacity could only be decided after a trial. The appeals were dismissed, and the order of the learned Single Judge was upheld.

← Previous Next →