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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Dalveer Bhandari, H. L. Gokhale , JJ

(A) Benami Transactions (Prohibition) Act (45 of 1988) , S.4— Suit for recovery of property held benami - Suit filed prior to enforcement of Act - Would not be hit by prohibition u/S.4 of Act. RSA No. 1367 of 1996, D/-10-2-2009 (PandH), Reversed.AIR 1996 SC 238, Foll. (Para 16 17) (B) Benami Transactions (Prohibition) Act (45 of 1988) , S.3— Evidence Act (1 of 1872) , S.114— Suit for recovery of property held benami - Notice to subsequent purchaser - Presumption of service - Notice sent under certificate of posting as soon as real owner came to know about clandestine sale - Copy of notice along with postal certificate produced in evidence - Agreement of purchase signed by subsequent purchaser five days after dispatch of notice - It could be presumed that notice was duly served on him before he signed agreement - He was thus not bona fide purchaser for value without notice - Suit liable to be decreed in favour of real owner. RSA No. 1367 of 1996, D/-10-2-2009 (PandH), Reversed. Transfer of Property Act (4 of 1882) , S.53— (Para 23 25) .....