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2015 (7) TMI 1307 - DELHI HIGH COURTProhibition on Benami transactions - exception contained in Section 4(3)(b) of the Benami Act - fiduciary relationship with respondent or not - time limitation - Whether the claim in the suit is barred by the provisions of Benami Transactions Prohibition Act, 1988? Held that:- Since Section 7 of the Benami Act repealed certain provisions, hence, the relationship of trust comprised in such provisions necessarily would be excluded from the sweep of the expression trust/fiduciary relationship found in Section 4(3)(b) of the Benami Act because what is excluded by Section 7 of the Benami Act cannot be got included in Section 4(3)(b) of the Benami Act. Since the plaintiff in the plaint himself states that the property was purchased as a benami property in the name of the father, late Sh. Jai Gopal Gugnani, merely and although the plaintiff has used the expressions fiduciary relationship and trustee, yet these expressions of fiduciary relationship and trustee are not those expressions which will cause the transaction to fall under the exception of Section 4(3)(b) of the Benami Act, but these expressions are those expressions which fall under Sections 81, 82, and 94 of the Trusts Act and which have been repealed by Section 7 of the Benami Act - the suit is barred by the provision of Section 4(1) of the Benami Transactions (Prohibition) Act, 1988. The suit is dismissed.
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