AIR 2009 CHHATTISGARH 3 ::2009 A I H C (NOC) 126 (CHH) ::2008 (3) CgLJ 1 ::(2008) 71 AllIndCas 662 (CHH)

Chhattisgarh High Court

Hon'ble Judge(s): Dilip R. Deshmukh , J

(A) Benami Transactions (Prohibition) Act (45 of 1988) , S.3— Prohibition of benami transaction - Purchase was prior to coming to force of Act of 1988 - Act not retrospective in operation- Prohibition u/S.3 will not apply - Presumption that purchase made in name of wife or unmarried daughters is for their benefit - Presumption u/S.3(2) is a rebuttable presumption requiring pleading and proof - Burden would lie heavily on sons to prove that mother was ostensibly shown as purchaser of suit property which was purchased benami by their father in her name. (Para 9) (B) Civil P.C. (5 of 1908) , O.7 R.11— Rejection of plaint - Several reliefs claimed - One of reliefs is alleged to be barred under any law - Entire plaint not liable to be rejected. (Para 7) (C) Benami Transactions (Prohibition) Act (45 of 1988) , S.4— Prohibition of right to recover property held benami - Coparcener son instituted suit on averment that suit property belonged to Hindu undivided family was held by his mother as coparcener - Suit not barred u/S.4(1) of Act. Sub-section (1) of S. 4 of the Act of 1988 lays down that no suit, claim or action to enforce any right in respec....