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2011 (1) TMI 1518 - SC - Benami PropertyBenami Transactions - Suit for recovery of House Property - Whether the suit of the first Appellant for the recovery of her house property filed prior to the Benami Transactions (Prohibition) Act, 1988 coming into force could be considered to be prohibited by Section 4 of that Act? HELD THAT:- In the present case it has already been established that the Appellant had purchased the property out of her own funds. Therefore, it could certainly be expected that when she came to know about the clandestine sale of her property to Respondent No. 1, she would send him a notice, which she sent on 8.4.1987. As noted earlier, the notice is sent from one house on the College Road to another house on the same road in the city of Pathankot. The agreement of purchase is signed by the Defendant No. 3 five days thereafter i.e. 13.4.1987. The Appellant had produced a copy of the notice along with postal certificate in evidence. There was no allegation that the postal certificate was procured. In the circumstances, it could certainly be presumed that the notice was duly served on Respondent No. 1 before 13.4.1987. The High Court, therefore, erred in interfering in the finding rendered by the Additional District Judge that Respondent No. 1 did receive the notice and, therefore, was not a bona fide purchaser for value without a notice. The judgment of the High Court, therefore, deserves to be set aside. The Appellants through their counsel have, however, in all fairness offered to compensate the first Respondent herein by paying him the amount of ₹ 30,000/- with appropriate interest. The first Respondent did not evince any interest in this suggestion. Yet, the end of justice will be met, if this amount of ₹ 30,000/- is returned by the Appellants to him as offered by them with simple interest at the rate of 10%. The judgment and order passed by the High court are set aside - Appeal allowed.
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