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2019 (4) TMI 2111 - DELHI HIGH COURTBenami transaction - Real owner of property - as contended that since the subject property though in the name of paternal grandmother of the plaintiff, was purchased from the funds received by her husband (who was the paternal grandfather of the plaintiff) for giving up his share in property which was a property of the HUF, and the plaintiff, being the son of defendant no. 3 who in turn is the son of paternal grandmother of the plaintiff has a share in the property - plea of the plaintiff in this suit, of Kanta Batra being the benami owner of the property and HUF of K.N. Batra being the real owner of the property, is in the teeth of the said law - HELD THAT:- Once it is held that the property No. A-2/27, Janakpuri, New Delhi, in law and on the averments in the plaint, cannot be the property of the HUF, the question of the plaintiff having any share therein would not arise. On the demise of Kanta Batra, in the absence of any Will, the said property would devolve on her heirs in accordance with Section 15 of the Hindu Succession Act upon her sons and daughters and not upon the plaintiff who is the grandson of Kanta Batra. It may also be noticed that none other than the plaintiff including the father of the plaintiff i.e. the defendant no. 3 is claiming the property to be of the HUF. On the contrary, the father of the plaintiff is claiming the property to be the sole property of Kanta Batra and is claiming exclusive right thereto under a document stated to be the last Will of Kanta Batra. The claim if any of the plaintiff to the property can be only out of the share of his father and once the father of the plaintiff himself is not supporting the plea of the plaintiff, it is quite obvious that the present suit has been filed by the plaintiff in collusion with his father and for the eventuality of the father of the plaintiff failing in the Will set up by him. The suit is thus dismissed with costs payable by the plaintiff to the defendants no. 1, 2 & 4 of Rs. 30,000/-.
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