AIR 2004 JHARKHAND 44 ::2004 AIR - Jhar. H. C. R. 207 ::2005 (2) JLJR 477 ::(2003) 4 JCR 398 (JHA)

Jharkhand High Court

Hon'ble Judge(s): V. Narayan , J

(A) Hindu law - Joint family property - Suit for partition - No evidence to show that there was adequate nucleus of joint family with karta of family out of which lands in question were purchased - No evidence regarding income of karta which had yielded the nucleus - Defendant showing by cogent evidence that said properties were purchased by him from his own income - Those properties being self-acquired properties of defendant, cannot be partitioned. (Para 13) (B) Benami Transactions (Prohibition) Act (45 of 1988) , S.4— Benami transaction - Prohibition - Applicability - Suit for partition claiming that properties in question were purchased by karta of joint Hindu family in name of defendant benami - Pendency of appeal from the suit coming into force Act (45 of 1988) during pendency of appeal - Appeal is continuation of suit - Provisions of S. 4 prohibiting suit based on benami transaction would apply - Plaintiff not entitled to any relief on basis of plea of benami transaction. (Para 13) .....