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2019 (2) TMI 196 - HC - Benami PropertyReal ownership of property - Benami Property or not - purchase consideration was paid by two brothers but registered in the name of 5 members - Partition of property - no amicable settlement to be done - Prohibition of Benami Property Transactions Act,1988 - Held that:- Section 4 provides that no defence based on any right in respect of any property held benami, whether against the person in whose name property is held, or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property. The defence of the defendant no.1 is thus not allowed under the said law. The defendant no.1 to have not pleaded any exception to the Benami law vis-à-vis the subject property - Once it is found to be so, the plaintiff is entitled to a decree forthwith, not only under Order XII Rule 6 of the CPC but also under Rule XV Rule 1 of the CPC. The pleas in the written statement of the defendant no.1, being the only contesting defendant, do not raise any substantial question of law of fact for an issue to arise or framed - The plaintiff is thus entitled to a decree forthwith. Considering the size of the property and the number of shares therein, the property is found to be not capable of division by metes and bounds. No purpose will thus be served in issuing a commission for exploring the possibility of division by metes and bound - Once it is so, there is again no impediment to passing a final decree for partition, of sale of the property and of distribution of sale proceeds as per shares declared in the preliminary decree for partition.
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