2007 (2) ABR (NOC) 260 (KANT.) = 2007 A I H C 319 ::2006 (6) AIR Kant HCR 530 ::2006 (6) AIR Kar R 530 ::2007 AIHC 319 (Kar) ::2007 (2) Kant LJ 47

Karnataka High Court

Hon'ble Judge(s): D. V. Shylendra Kumar , J

(B) Benami Transactions (Prohibition) Act, 1988 S. 4 (3), (1) — Right to recover property held benami — Prohibition of — Exception under S 4(3) — Defendant son not holding property for benefit of either his father-plaintiff or other members of family — Defendant son enjoying property on date of filing of suit and was in possession of property as his own — Mere relationship of father and son by itself will not lead to an inference of the existence of a fiduciary capacity vis-a-vis the property — Plaintiff-father at best can be said to have provided the full sale consideration and at the best it can amount to a benami transaction — Suit is not maintainable as exception u/S 4(3) is not attracted

(A) Benami Transactions (Prohibition) Act, 1988 S. 4, (1) — Right to recover property held benami — Prohibition of — Suit filed subsequent to Act coming into force — Prohibition under S 4(1) operates