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2020 (3) TMI 1108 - HC - Benami PropertyBenami transactions - Pleadings of the respondents is that the money was provided by the father - HELD THAT:- From para 2 of the plaint, it is clear that the respondents/plaintiffs have merely mentioned that the money was provided by the father of the respondent no.1, i.e. Late Govind Singh Tomar. It is nowhere mentioned by the plaintiffs that Govind Singh Tomar had entered into an agreement to purchase the property in the name of plaintiff no.1. Under these circumstances, at the most it can be said that Late Govind Singh Tomar had provided the money to respondent no.1 for entering into an agreement to sell. In the present case also the pleadings of the respondents is that the money was provided by the father. Thus, it is held that merely because the respondent no.1 had taken financial help from his father for making the sale consideration, it would not make the agreement to sell a Benami transaction, so as to push it into the forbidden area of the provisions envisaged under Sections 3 and 4 of the Benami Transactions (Prohibition) Act, 1988. Under these circumstances, this Court is of the considered opinion that the trial court did not commit any mistake by rejecting the application filed under Order VII Rule 11 CPC.
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