2015 (11) TMI 1846 - SCH - Benami Property

Benami transaction - benami ownership of the plaintiff over the suit property taken by the defendant in his written statement - right of coparcener in the Hindu Undivided Family - suit for permanent and mandatory injunction and mesne profits in the year 2010 against Mr. Anil Gulati (brother of her late husband) in respect of suit property - as pleaded in the plaint that the plaintiff is the absolute owner of the suit property by virtue of a registered Gift Deed dated September 03, 1984 executed by her father Late Sh.K.B.Midha - HELD THAT - The status quo with regard to the possession of the property, as on today, shall be maintained. However without prejudice to the contentions available to the petitioner, he is directed to deposit an amount of ₹ 12,00,000/- (Rupees Twelve Lakhs) with the Trial Court within a period of one month. On such deposit, the respondent is permitted to withdraw the same on furnishing security to the satisfaction of the Court.

Summary

The Supreme Court of India issued an order for the petitioner to maintain possession of the property by depositing Rs. 12,00,000 with the Trial Court within one month. The respondent can withdraw the amount on providing satisfactory security. Next hearing scheduled for 07.12.2015.