AIR 2018 SUPREME COURT 3470 ::(2019) 142 RevDec 713 ::(2018) 2 WLC(SC)CVL 236 ::(2018) 4 CivLJ 228 ::(2018) 3 All RentCas 170 ::(2018) 4 CivilCourtC 230 ::2018 (16) SCC 645 ::(2018) 7 Scale 256 ::(2018) 4 AllCriLR 893 ::(2018) 2 CurCC 250 ::AIR 2018 SC (Civ) 2631 ::(2018) 3 Cal HN 100 ::(2018) 4 ICC 313 ::(2019) 127 Cut LT 377 ::(2018) 131 All LR 739 ::(2018) 5 Mad LW 167 ::(2018) 3 AndhLD 196 ::(2018) 71 OCR 9 ::(2018) 2 Ker LT 782 ::(2018) 2 JLJR 420 ::2018 (4) KCCR SN 413 (SC) ::(2018) 2 Orissa LR 221 ::(2018) 3 Pun LR 352 ::(2018) 2 Pat LJR 485 ::(2018) 191 AllIndCas 154 (SC)

Supreme Court Of India

(From: Delhi)*

Hon'ble Judge(s): Arun Mishra, Uday Umesh Lalit , JJ

(A) Hindu Law - Joint Family Property - Suit for partition and separate possession - Property house in question acquired in name of eldest child and after her marriage transferred in name of plaintiff - Entire family residing in house right from beginning - Plaintiff never resided in house and was not in possession and enjoyment of house at any point of time - Not a case of plaintiff that eldest child in whose name property was acquired, has spent money for construction of house and given it to plaintiff - House in question is family property and not exclusive property of plaintiff - Fact that house tax receipt electricity and water bills of house in question are in name of plaintiff has no effect - Provisions of S. 4 of Benami Transactions (Prohibition) Act, not applicable - Order decreeing suit in favour of plaintiff, set aside. Civil P.C. (5 of 1908) , O.20 R.18— Benami Transactions (Prohibition) Act (45 of 1988) , — 2017 (245) DLT 571, Reversed. (Para 16 17 18 19) (B) Benami Transactions (Prohibition) Act (45 of 1988) , S.4— Right to recover property held benami - Prohibition against - When applicable. Section 4(3) of Act makes it clear that where person in whose name property is hel....