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2020 (6) TMI 461 - HC - Benami PropertyBenami transaction - real owners of the property - unity of title and unity of possession between the parties in respect of suit land and the structures - Some of the lands were encroached by the encroachers and some of the lands have gone into the widening of road, as such, the plaintiff has prayed before the trial court to partition the property into half -half share irrespective of the sale deeds, as the property has been purchased under the provisions of Benami Transaction (Prohibition) Act, 1988 - HELD THAT:- This second appeal is admitted on the following substantial question of law: (i) Whether the Exhibit-10 and Exhibit-A & A/1 have been rightly considered by the learned appellate court? (ii) Whether the property is hit by the provision of Benami Transaction (Prohibitory) Act, 1988? (iii) Whether without any material showing the jointness of the parties, the appellate court can declare that defendant nos. 2 & 3, who are sons of defendant no.1, are not the real owner of the suit land, which was transferred to them by way of registered sale deed dated 28.07.1985 (Exhibit-A). Call for Lower Court Records.
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