Home Case Index All Cases Benami Property Benami Property + HC Benami Property - 2022 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 531 - DELHI HIGH CCOURTBenami Transaction - application under Order VII Rule 11 of the CPC rejected - whether the suit property was actually purchased from the funds of the HUF or whether the suit property was treated as an individual property of the father of the parties or as an HUF property? - defendant no.1 submits that there is a discrepancy in the name of the HUF occurring in various documents - HELD THAT:- Under Section 4(1) of the unamended Benami Act, a suit cannot be filed on the ground that the property was held benami against a person in whose name the property is held. An exception to Section 4(1) of the unamended Benami Act is provided in Sub-Section (3) of Section 4 which states that provisions of Section 4 would not apply in cases where the property is held in the name of a coparcener in an HUF and the property is held for the benefit of the coparceners in the family. As clearly been averred that the HUF received a sum of Rs.19.90 lacs on 21st June, 1991 from the redemption of the HUDCO Tax Saving Bonds held by the HUF. A reference has also been made to various documents with regard to the same and they have been filed along with the plaint. It has clearly been averred that late Shri Surinder Singh Chowdhary, as the karta of the HUF, purchased the suit property from the funds of the HUF. The suit property was purchased for a consideration of Rs.5,40,000/- vide sale deed dated 18th August, 1992, soon after a sum of Rs.19.90 lacs was received by the HUF from the sale of HUDCO Bonds. It has also been specifically pleaded that the late Shri Surinder Singh Chowdhary, being the karta of the HUF was holding the suit property on behalf of HUF for the benefit of all the coparceners. Along with the plaint, the plaintiff has also filed TDS certificates issued by the tenant in the suit property in favour of the HUF. The plaintiff has made the necessary averments in the plaint and filed documents along with the plaint in support of his case that the suit property was purchased from the funds of the HUF. Further, the plaintiff has also pleaded that the suit property was held by the father of the parties in his capacity as the karta for the benefit of the coparceners. The plaintiff has made the necessary averments in the plaint so as to fall within the exception provided under Section 4 (3) (a) of the unamended Benami Act. Therefore, the plaint cannot be outrightly rejected under the provisions of under Order VII Rule 11 of the CPC. At the stage of Order VII Rule 11 of the CPC, the Court cannot go into the veracity of the pleas taken in the plaint or its truthfulness. The same can only be tested in a trial. The scope of an application under Order VII Rule 11 of the CPC is limited only to the extent whether or not in terms of averments made in the plaint and the documents filed along with the plaint, the suit is maintainable. Needless to state that the plaintiff would have to prove in the trial, whether the suit property was actually purchased from the funds of the HUF or whether the suit property was treated as an individual property of the father of the parties or as an HUF property. At this stage, the Court cannot prejudge whether the plaintiff would be in a position to prove the same or not. The issues can only be determined after a proper trial. At this stage, it cannot be said that the present suit is vexatious or the plaint is barred by any law. Thus no grounds have been made out for rejection of the plaint under the provisions of Order VII Rule 11 of the CPC. There is no merit in the application and the same is dismissed.
|