Home Case Index All Cases Benami Property Benami Property + HC Benami Property - 2023 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (5) TMI 266 - TELANGANA HIGH COURTCancellation of gift deed in respect of the suit schedule property - perpetual Injunction restraining respondents from interfering with the suit schedule property - suit claim is barred under Section 4 of The Benami Transactions (Prohibition) Act, 1988 or not? - HELD THAT:- It is to be seen whether the suit claim of respondent No.1 falls within the purview of Section 4 of the Act. As per the entire averments of the plaint, it is manifest that respondent No.1 has purchased the suit schedule property in the name of his mother and subsequently, she executed registered release deed in favour of the respondent No.1-plaintiff on 24.07.2013 severing her rights over the suit schedule property and declared him as the beneficiary and the rightful owner, as all the charges, taxes were borne by him and paid entire sale consideration in respect of the same. In view of the said pleadings, it can be said that the contention of learned counsel for the petitioner that the suit claim is barred under Section 4 of the Act is not tenable. The suit claim is not barred under Section 4 of the Act. Therefore, the plaint cannot be rejected under Order VII Rule 11 (d) read with Section 151 of C.P.C. - the Civil Revision Petition is dismissed.
|