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2017 (1) TMI 1793 - HC - Benami PropertyBenami Transaction - whether the claim is on the basis of Benami Transaction or not will be determined after completion of evidence? - HELD THAT - As relying on ANAND KUMAR AND ANOTHER VERSUS VIJAY KUMAR 2012 (4) TMI 773 - MADHYA PRADESH HIGH COURT it is safe to deduce that the submission of the respondent that the transaction referred to in the plaint occurred in the year 1971 and 1972 and therefore the Act of 1988 will not defeat the same is ill-founded as the prohibition under the Act bars any claim or suit or action on the basis of a Benami Transaction . Therefore what is relevant the date on which the suit has been filed and not the date of transaction itself which may be prior to coming into force of the Act of 1988 but the suit has been filed after introduction of the Act of 1988. Further upon perusal of the plaint this Court has no hesitation in concluding that the averments in the plaint referred to the Benami Transaction as the basis of claiming title. Thus the plaint deserves to be rejected in terms of under Order 7 Rule 11 Civil Procedure Code.
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