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2020 (12) TMI 764 - HC - Benami PropertyBenami transaction - Plaintiff entitled to get a declaration of right, title and interest of the suit land -Prohibition of the right to recover property held benami - suit barred by Benami Transaction (Prohibition) Act, 1988 - HELD THAT:- If the title is established in favour of the vendor and the vendor does not raise any objection as regards the execution of transfer, none can have the locu standi to challenge the validity of the deed of transfer [Exbt.3]. As such, the plaintiffs title cannot be questioned by the defendant and he is estopped from questioning the transfer in favour of the plaintiff. Moreover the pleadings relating to non-execution of the deed of transfer [Exbt.3] by the legal heirs of Hrisikesh Majumder have not been proved complying the requirement of Section 103 of the Evidence Act. Whether the finding of the appellate Court on the additional issues framed by the said Court suffers from perversity ?” - From the discussion made above, it is evident that the finding of the first appellate court in respect of the additional issue as referred in the substantial No.1 is perverse. Having discussed as such, this court is of the view that the plaintiffs are entitled to get a declaration of right, title and interest of the suit land in his favour and he is also entitled to get a declaration in respect of possession of the suit land and accordingly, his possession over the suit land is confirmed. As consequence thereof, the plaintiff is entitled to a decree of perpetual injunction restraining the defendant or his man or agents from entering into the suit land and disturbing the peaceful possession of the plaintiff. As corollary, the impugned judgments and decrees are set aside. The judgment and decree of the trial court are restored. In the result, the appeals are allowed.
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