TMI Blog2020 (3) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... ase 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 forbidden area of the provisions envisaged under Sections 3 and 4 of the Benami Transactions (Prohibition) Act, 1988. Under these circumstances, this Court is of the considered opinion that the trial court did not commit any mistake by rejecting the application filed under Order VII Rule 11 CPC. - CR No. 76/2020 - - - Dated:- 2-3-2020 - G. S. Ahluwalia, J. Shri V. K. Bhardwaj, Senior Advocate, with Shri Kartik Sharma, Advocate f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. State reported in AIR 1968 Rajasthan 70 and in the case of Yoosuf Maulvi v. Official Assignee and another reported in AIR 1959 Madras 484. Heard learned counsel for the petitioner. From para 2 of the plaint, it is clear that the respondents/plaintiffs have merely mentioned that the money was provided by the father of the respondent no.1, i.e. Late Govind Singh Tomar. It is nowhere mentioned by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny 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 the word provided in Section 2(a) of the Benami Act. So even if the appellant had availed himself of the help rendered by his father Pyarelal for making up the sale consideration that would not make the sale deed a benami transaction so as to push it into the forbidden area envisaged in Section 3(1) of the Benami Act. In the present case also the pleadings of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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