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2020 (3) TMI 930 - HC - Benami PropertyBenami transaction - suit for injunction simpliciter - only argument of the counsel for the defendant No.3/counter-claimant Ravinder Khanna is that on filing of the present suit, a fresh cause of action has accrued to the defendant No.3/counter-claimant Ravinder Khanna to file the Counter-Claim and that the suit in which recording of evidence stands concluded, be called to this Court - HELD THAT:- Benami transaction' in the Act, prior to its amendment, was described as 'any transaction in which property is transferred to one person for a consideration paid or provided by any another person'. The amended Act defines 'benami property' as meaning any property which is the subject matter of a benami transaction and describes a 'benami transaction' as meaning a transaction or an arrangement "where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration. Defendant No.3/counter-claimant Ravinder Khanna is prohibited by law from enforcing any right in respect of the subject property held benami, against defendant Nos. 1&2 in whose names the said property is held as well as against other parties who are the heirs of defendant No.1 Prem Prakash Khanna, who has since died. As far as the plea, of the defendant Nos. 1&2 holding the property in trust or for the benefit of the defendant No.3/counter-claimant Ravinder Khanna is concerned, it has been held in that though the parent may be a trustee of a minor son but not of a major son and thus the question of the transaction being within the exception to benami does not arise. Even otherwise, no particulars of the defendant Nos. 1&2 standing in any fiduciary capacity to the defendant No.3/counter-claimant Ravinder Khanna are disclosed. Counter-Claim, on the averments therein, does not disclose any cause of action or entitlement of the defendant No.3/counter-claimant Ravinder Khanna to obtain a declaration of being the real and/or benami owner of the property for partition of which the suit is filed.
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