TMI Blog2022 (3) TMI 1008X X X X Extracts X X X X X X X X Extracts X X X X ..... rchased by the father in the name of the mother and accordingly, the said property should be treated as the property of the father. On the demise of the father, the parties shall inherit the property in equal measure. It is true, that the learned Trial Judge has relied upon the unamended Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988 in arriving at a finding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 2019) CAN 2 of 2019 (old CAN 7691 of 2019) - - - Dated:- 15-3-2022 - Ajoy Kumar Mukherjee And Soumen Sen, JJ. Mr. Avishek Prasad, Adv. Ms. Sreetama Neogi, Adv. ...for the appellants Mr. Avinaba Patra, Adv. Mr. Dipayan Kundu, Adv. Mr. Souraja De, Adv. ...for the respondents ORDER In Re: CAN 1 of 2019 (old CAN 7690 of 2019) This is an application for condonation of delay. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants submits that the learned Trial Judge passed a decree disregarding the amendments made in Sections 3 and 4 of the Prohibition of Benami Property Transactions Act, 1988. The learned Trial Judge has failed to appreciate that the property was purchased by the father in the name of the mother and accordingly, the said property should be treated as the property of the father. On the demis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of her towards her 8 anas claim in 'kha' schedule property. In view thereof, the order of the learned Trial Judge is upheld, however, for the reason recorded in this order. The appeal fails. However, there shall be no order as to costs. Service of notice of appeal upon the respondents is waived by Mr. Avinaba Patra, learned Advocate. Urgent photostat certified copy of this or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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