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2020 (3) TMI 1108

..... entioned that the money was provided by the father of the respondent no.1, i.e. Late Govind Singh Tomar. It is nowhere mentioned by the plaintiffs that Govind Singh Tomar had entered into an agreement to purchase the property in the name of plaintiff no.1. Under these circumstances, at the most it can be said that Late Govind Singh Tomar had provided the money to respondent no.1 for entering into an agreement to sell. In the present case also the pleadings of the respondents is that the money was provided by the father. Thus, it is held that merely because the respondent no.1 had taken financial help from his father for making the sale consideration, it would not make the agreement to sell a Benami transaction, so as to push it into the for .....

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..... tion of Benami Transactions (Prohibition) Act, 1988. Accordingly, it is submitted that the trial court committed material illegality by not entertaining the application filed by the applicant under Order VII Rule 11 CPC. It is further submitted that the money is also a property and to buttress his contentions, the counsel for the petitioner has relied upon the judgment passed by the Supreme Court in the case of R. Rajagopal Reddy (dead) by L.Rs. and others Vs. Padmini Chandrasekharan (dead) by L.Rs. reported in AIR 1996 SC 238, judgment passed by this Court in the case of Anand Kumar v. Vijay Kumar reported in 2012 (III) MPWN 78 as well as the judgment passed by the Rajasthan High Court and Madras High Court in the case of Chhutanlal v. Sta .....

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..... if the consideration was not paid in regard to a sale transaction the question of providing the consideration would arise. In some cases of sale transaction ready payment of consideration might not have been effected and then the provision would be made for such consideration. The word provided in Section 2(a) of the Benami Act cannot be understood in a different sense. Any other interpretation is likely to harm the interest of persons involved in genuine transactions, e.g., a purchaser of land might have availed himself of loan facilities from banks to make up purchase money. Could it be said that since the money was provided by the bank it was a benami transaction? 30. We are, therefore, not inclined to accept the narrow construction of .....

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