TMI Blog2019 (2) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... aw. The defendant no.1 to have not pleaded any exception to the Benami law vis- -vis the subject property - Once it is found to be so, the plaintiff is entitled to a decree forthwith, not only under Order XII Rule 6 of the CPC but also under Rule XV Rule 1 of the CPC. The pleas in the written statement of the defendant no.1, being the only contesting defendant, do not raise any substantial question of law of fact for an issue to arise or framed - The plaintiff is thus entitled to a decree forthwith. Considering the size of the property and the number of shares therein, the property is found to be not capable of division by metes and bounds. No purpose will thus be served in issuing a commission for exploring the possibility of divisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the plaintiff. 6. The counsel for the defendant no.1, who on the last date of hearing i.e. 29th November, 2018 had not appeared and had sent a proxy counsel to take adjournment, states that since the parties are family members, the suit be referred to mediation for exploring possibility of settlement. 7. The counsel for the plaintiff states that though the parties are family members but on account of threats meted out by the defendant no.1, recently an FIR has been registered against the defendant no.1 on 6th July, 2018. 8. The counsel for the defendant no.1 though admits registration of the FIR, states that it is false. 9. The counsel for the plaintiff and the counsel for the defendants no.3 4 state that in the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration having been contributed by the defendant no.1 and Anil Baruta, does not in law constitute the defendant no.1 and Anil Baruta as owners of the property and the property in law is of the persons in whose name title with respect thereto has been recorded i.e. the plaintiff and defendants no.1 to 4. Section 2 (9) of the amended Act defines a transaction or an arrangement where a property is transferred to or is held by, a person, and the consideration for such property has been provided, or paid by, another person, as a 'benami'transaction. Section 4 provides that no defence based on any right in respect of any property held benami, whether against the person in whose name property is held, or against any other person, sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved in issuing a commission for exploring the possibility of division by metes and bounds. 20. Once it is so, there is again no impediment to passing a final decree for partition, of sale of the property and of distribution of sale proceeds as per shares declared in the preliminary decree for partition. 21. A final decree for partition of property no.S-3B, Janta Market, Rajouri Garden, New Delhi 110027 is also thus passed, of sale of the property and of distribution of sale proceeds amongst the parties as per shares declared in the preliminary decree for partition. However, before the property is put to sale, the parties shall be entitled to make inter se bids with respect thereto with the party whose bid is the maximum purchasing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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