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TMI Blog2017 (1) TMI 1793X X X X Extracts X X X X X X X X Extracts X X X X ..... been filed and not the date of transaction itself which may be prior to coming into force of the Act of 1988 but the suit has been filed after introduction of the Act of 1988. Further, upon perusal of the plaint, this Court has no hesitation in concluding that the averments in the plaint referred to the 'Benami Transaction' as the basis of claiming title. Thus, the plaint deserves to be rejected in terms of under Order 7, Rule 11, Civil Procedure Code. - Civil Rev. No. 56 of 2013 - - - Dated:- 31-1-2017 - S.K. Awasthi, J. For the Appellant : S.K. Shrivastava. For the Respondents : R.P. Rathi. ORDER S.K. Awasthi, J. 1. The applicant is aggrieved by rejection of its application filed under Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by law as the contents of the plaint reveal that the ownership is claimed on the basis of 'Benami Transaction'. The trial Court has rejected the application on the ground that the issue whether the claim is on the basis of 'Benami Transaction' or not will be determined after completion of evidence. 3. Learned counsel for the applicant has invited attention of this Court to paragraphs 4 and 5 of the plaint and submitted that from the contents of the plaint itself, it is clear that the declaration for the ownership is sought in relation to a property purchased by 'Benami Transactions', which is prohibited under section 4 of Benami Transactions (Provision) Act, 1988 (in short 'Act of 1988'). In order to sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny benami transaction, whether it was done prior to coming into force of the Act or after coming into force of the Act, would be barred under sub-section (1) of section 4 of the Act. For proper appreciation, the provision of sub-section (1) of section 4 of the Act is reproduced:-- (1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. 8. This particular aspect has been considered by the Courts on various occasions. This particular aspect that the bar would be applicable in the suits which were required to be filed after coming int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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