2020 (6) TMI 588 - HC - Benami Property

Benami transaction - sale deeds standing in the name of deceased - consistent case of the defendants is that Lakhiya Devi purchased the said property from her Stridhan ornaments, gifts and valuable assistance from her two sons and married daughters and also by selling vegetables in the market and the entire lands were purchased by her from her personal income - HELD THAT - The issue akin to this Court has already been decided by the Apex Court in the case of Nand Kishore Mehra 1995 (7) TMI 64 - SUPREME COURT . It has been held in the said case that Sub-Section 2 of Section 3 permits a person to enter into benami transaction of purchase of property in the name of his wife or unmarried daughter by declaring that the prohibiton contained against a person in entering into a benami transaction in sub-section (1) of Section 3, does not apply to him. The question of punishing the person concerned in the transaction under sub-section (3) thereof or the question of acquiring the property concerned in the transaction under Section 5, can never arise. Otherwise the exemption granted under Section 3 (2) would become redundant . The suit has been rightly dismissed by both the courts below as the plaintiff has not impleaded his other sons or daughters as party in the suit, as their interest also involved in the suit as they have also inherited the property of her mother Lakhiya Devi. They have not been impleaded party by the plaintiff even after objection raised by defendants in their written statement. Thus, both the courts below have rightly held that suit is barred under the provisions of Benami Transaction (Prohibition) Act, 1988 as well as the suit is also barred for non-joinder of necessary parties. The sale deeds standing in the name of Lakhiya Devi (deceased), wife of plaintiff are not self-acquired property of the plaintiff and the defendant no. 1 Kamla Kuer has valid right to execute power of Attorney with regard to land of her mother Lakhiya Devi to the extent of her share.

Summary

Issues Involved:
1. Maintainability of the suit.
2. Validity of the cause of action.
3. Non-joinder of necessary parties.
4. Applicability of the Benami Transactions (Prohibition) Act, 1988.
5. Ownership of the property in question.
6. Validity of the Power of Attorney executed by Defendant No. 1.
7. Entitlement of the plaintiff to the relief sought.
8. Other reliefs the plaintiff may be entitled to.

Detailed Analysis:

1. Maintainability of the Suit:
The trial court examined whether the suit, as framed and filed, was maintainable. This issue was addressed considering the procedural aspects and the framing of the suit.

2. Validity of the Cause of Action:
The court assessed whether the plaintiff had a valid cause of action. This involved examining the plaintiff's claims about purchasing the property in his wife's name and whether these claims constituted a legitimate legal dispute.

3. Non-joinder of Necessary Parties:
The defendants argued that the suit was barred for non-joinder of necessary parties, as the plaintiff did not include all legal heirs of Lakhiya Devi. The court agreed, noting that the plaintiff failed to implead his other sons and daughters, whose interests were also involved.

4. Applicability of the Benami Transactions (Prohibition) Act, 1988:
The defendants contended that the suit was barred under the Benami Transactions (Prohibition) Act, 1988. The court examined whether the properties purchased in the name of Lakhiya Devi were benami transactions. The court referred to the Supreme Court's judgment in Nand Kishore Mehra Vs. Sushila Mehra, which clarified that Section 3(2) of the Act permits a person to purchase property in the name of his wife or unmarried daughter, and such transactions are exempt from the prohibitions of the Act.

5. Ownership of the Property in Question:
The plaintiff claimed that the properties were self-acquired and purchased with his earnings, while the defendants argued that Lakhiya Devi bought the properties with her own funds, including her Stridhan and contributions from her children. The court found that the properties were purchased by Lakhiya Devi and not the plaintiff.

6. Validity of the Power of Attorney Executed by Defendant No. 1:
The court examined whether Defendant No. 1, Kamla Kuer, had the right to execute a Power of Attorney concerning the suit land. It was determined that Kamla Kuer had the right to execute the Power of Attorney to the extent of her share in the property inherited from her mother.

7. Entitlement of the Plaintiff to the Relief Sought:
The plaintiff sought declarations regarding his ownership of the suit land and the invalidity of the Power of Attorney executed by Defendant No. 1. The court dismissed these claims, affirming that the properties were not the plaintiff's self-acquired assets and that the Power of Attorney was valid.

8. Other Reliefs the Plaintiff May Be Entitled To:
The court considered any additional reliefs the plaintiff might be entitled to but ultimately dismissed the suit, finding no substantial question of law.

Conclusion:
The court upheld the judgments of the lower courts, dismissing the plaintiff's suit. The suit was barred under the Benami Transactions (Prohibition) Act, 1988, and for non-joinder of necessary parties. The properties in question were not self-acquired by the plaintiff, and Defendant No. 1 had the right to execute the Power of Attorney. The second appeal was dismissed, with no substantial question of law identified.