9911796707
TMI Blog1993 (4) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. This appeal arises out of a suit filed by the appellants under Order 21, Rule 58, C.P.C. in respect of property which was attached and sold in execution of a decree passed against respondent No. 3. The appellants are the son and daughter of respondent No. 3. They are claiming the property on the basis of a sale deed dated October 9, 1957 executed in their favour. They had filed objections a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (Prohibition) Act (45 of 1988), [hereinafter referred to as 'the Act'] was enacted by Parliament and in view of the provisions of the Act the appellants have filed an application for urging the additional ground that plea about benami nature of the transaction is not available to the contesting respondents. Since the additional ground involve a pure question of law, we have permitted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or (b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismissed by the High Court on the view that the said transaction was a benami transaction, the said judgment of the High Court cannot be upheld and must be set aside and the decree of the lower appellate Court decreeing the suit of the appellant must be restored. 7. The appeal is, therefore, allowed, the judgment and order of the High Court dated February 11, 1987 in Second Appeal No. 1135/81 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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