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2016 (3) TMI 1401 - HC - Indian LawsRight in the ancestral property - suit property as per the plaint was purchased by the grandfather of the plaintiff Sh. Tara Chand Chopra in the name of his son Sh. Vasudev Chopra and who is defendant no.1 in the present suit - no cause of action disclosed - bar under Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 - HELD THAT:- The ratio of the judgment of the Supreme Court in the case of YUDHISHTER VERSUS ASHOK KUMAR [1986 (12) TMI 380 - SUPREME COURT] has been followed recently by the Supreme Court in its judgment in UTTAM VERSUS SAUBHAG SINGH & ORS. [2016 (3) TMI 1369 - SUPREME COURT] by extending the application to even coparcenary property inherited by a male Hindu from his paternal ancestor. The suit is also barred by Section 4(1) of the Act, inasmuch as, as per the admitted facts stated in the plaint the suit property was purchased by Sh. Tara Chand Chopra in the name of his son Sh. Vasudev Chopra/defendant no.1. Once the property is purchased in the name of defendant no.1, defendant no.1 becomes the sole owner of the suit property unless the plaintiff is able to bring out a case within the exceptions to Section 4(1) of the Act, which are contained in Section 4(3) of the Act of existence of HUF or property being purchased in trust. The plaint does not show existence of any HUF being created after 1956 or HUF existing prior to 1956 which continued after 1956 - also, the plaint does not make any averment with respect to the property being purchased in trust by the grandfather Sh. Tara Chand Chopra in the name of his son Sh. Vasudev Chopra/defendant no.1. The suit is therefore barred by the provision of Section 4(1) of the Act - suit dismissed.
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