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2022 (1) TMI 918 - MADRAS HIGH COURTProhibition of benami transactions - plaintiff entitled for the suit property - Whether the settlement deed executed by the 1st defendant in favour of the 3rd defendant is not valid and genuine? - Whether the plaintiff is entitled for the relief of permanent injunction as prayed for?? - HELD THAT:- No person shall enter into any benami transaction and no suit, claim or action to enforce any right in respect of any property held benami shall lie. Appellate Judge also found from the evidence that the Appellant gave a complaint to the police through Ex.A7 on 26.08.2013, subsequent to the filing of the suit. In which the appellant has claimed ½ share in the suit property, thereby appellant admitted that his father is the owner of the property. There is absolutely no evidence produced by the appellant to show that he contributed the money for the purchase of the suit property in his father's name and therefore, this Court finds no reason to interfere with the findings of the Courts below that the Appellant has failed to establish that he contributed money for the purchase of the suit property in his father's name. Appellant submitted that the appellant is in possession and enjoyment of the property and that is admitted by the 1st Respondent. Even in the written statement, the possession of the appellant in the suit property is admitted but it is claimed that it is a forcible possession taken by the Appellant. When there is no legal claim to the title of the suit property, on the basis of forcible possession of the suit property, appellant cannot claim any right. No substantial question of law.
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