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2023 (4) TMI 1038 - MADHYA PRADESH HIGH COURTProhibition of the right to recover property held benami - fiduciary relationship - real owner - As pleaded plaintiff had accepted before the survey Officer that although the land was purchased in her name but the same was purchased by her husband Rameshwar and had accordingly requested the authorities to record the name of her son i.e. Chandrashekhar (the deceased husband of the petitioner no.1 and the father of the petitioner nos.2 to 6) - trial Court by the impugned order had rejected the said pleadings on the ground that they have been taken after the commencement of the trial and they are based on the pre-existing facts - scope of sub section (3) of section 4 of the Prohibition of Benami Property Transactions Act - HELD THAT:- As the proposed amendment was that the plaintiff had made statement before the survey authorities that although the property was purchased in her name but in fact it was purchased by her husband Rameshwar Chawda In view of section 4 of the Act, it is clear that such defence is not permissible. The remaining proposed amendment is based upon the so called statement made by the plaintiff that she is not the owner but her husband is the owner although the property was purchased in her name. Any pleading which is barred by any law cannot be allowed to be incorporated by amendment. Accordingly, this Court is of the considered opinion that the trial Court did not commit any mistake by rejecting the proposed amendment. As no jurisdictional error was committed by the trial Court, accordingly, the petition fails and is hereby dismissed although on different grounds.
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