9911796707
TMI Blog1999 (11) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... for the partition and possession of B-6, Jangpura Extension, New Delhi-110014. It is asserted by the Plaintiff that she was the major contributory for the initial deposit of ₹ 2500/- and other investment made in the suit property in 1960. The parties are siblings, being the children of late Dr. Ram Krishan. It is claimed in the plaint that each of the parties has 1/3rd share in the suit prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the suit property and/or that the Applicant has consecutively and exclusively paid the taxes pertaining thereto, these facts need not detain attention for the reasons that at this stage, only the plaint should alone be looked into, along with admitted documents. 3. The attack on the maintainability of the plaint is predicated on the Benami Transactions (Prohibition) Act, 1988 (hereinafter ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parcener in a Hindu Undivided Family and the property is held for the benefit of the coparceners in the family; (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 stands in such capacity. 5. In R. Rajagopal Reddy (Dead) By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... title deeds of the property relate to 1972 and/or earlier and,therefore, the Act shall not preclude the filing of the suit in 1996. There is now a plethora of precedents to the effect that the Act would apply, on a construction of the explicit language of Section 4(1) of the Act, to every suit filed after the coming into effect of the Act even if the transaction is for a period prior to the passi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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