TMI Blog2019 (10) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... dant, on the basis of the plaintiff also being a 50% owner of the property, be at least restrained from dealing with the property but till there is a proper plaint before this Court and till the plaintiff takes a categorical stand with respect to benami, it is not deemed appropriate to entertain the suit. The senior counsel for the plaintiff, under instructions, gives up the relief claimed of declaration and confines the suit to that for prohibitory and mandatory injunction only - Subject to the aforesaid, the suit is entertained. - CS(OS) 514/2019 - - - Dated:- 1-10-2019 - HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Appellant: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Dinesh Rastogi, Mr. Gaurav Puri Mr. Sarthak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid by another person, exempts therefrom the property held by any person being an individual, in the name of his spouse and the consideration of such property has been provided or paid out of the known sources of the individual. 7. Having not found any plea in the plaint, of the consideration for the property having been paid out of the known sources of the plaintiff, I have enquired so from the senior counsel for the plaintiff. 8. The senior counsel for the plaintiff draws attention to paragraph 8 of the plaint which is as under: 8. That although the suit property and the Faridabad Property were bought in the joint names of the plaintiff and the Defendant, but the entire money towards the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing concealment of income. Thus, before a plea out of the net of benami property can be entertained, it is necessary for the plaintiff to plead and prove that, the consideration for purchase, though in name of wife, had flown from the known sources of income of the plaintiff. 11. The senior counsel for the plaintiff has referred to Manoj Arora Vs. Mamta Arora 2018 SCC OnLine Del 10423 but without a plea in the plaint in compliance with the provisions of the statute under which exemption from the benami law is claimed, no amount of precedent can help the plaintiff. 12. Though the senior counsel for the plaintiff has also contended that the plaintiff can always, during the pendency of the suit prove the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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