9911796707
TMI Blog2017 (4) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent/plaintiff filed the above suit for declaration to declare that the sale deed executed by the second respondent/first defendant in favour of the petitioner/second defendant dated 15.07.2013 as null and void. 3. According to the first respondent, he purchased the suit property in the year 2000 in the name of his wife/2nd respondent herein, out of love and affection and for the benefit of wife & children. The property was purchased to construct a residential house, after obtaining loan from a Nationalised Bank. However, in the year 2002, due to some misunderstanding, the second respondent left the matrimonial home and took away the original sale deed in respect of the suit property. The first respondent, coming to know of intending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ife/second respondent but also for the benefit of his children. The property was purchased for the specific purpose of construction a residential house after obtaining loan from a Nationalised Bank. Even before the purchase of the suit property by the petitioner by way of sale deed dated 15.07.2013, the first respondent issued legal notice to the petitioner but having received the said notice, she had not sent any reply. Only the second respondent can take the stand that the suit is barred by Benami Transactions (Prohibition) Act, 1988 and the petitioner is not entitled to raise such plea. 6. The learned Trial Judge, after considering the averments made in the affidavit and counter affidavit, materials available on record, Sections 3(2) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TC 316 [Shanthi @ Shanthi Sathya & Ors. v. M. Masanam] 9. Heard the learned counsel appearing for the petitioner and perused the records. 10. The petitioner had filed I.A. No. 241 of 2015 for rejection of plaint on the ground that on the admission made by the first respondent in the plaint that he purchased the suit property in the name of his wife/second respondent herein, out of love & affection and also for their benefit, hence, the suit is hit by the provisions of Sections 3 & 4 of the Benami Transactions (Prohibition) Act, 1988. 11. In the plaint, the first respondent has stated that he had purchased the suit property out of his income in the name of his wife, the second respondent herein, out of love & affection and for their benef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... depository. Explanation-The expressions "depository" and "participants" shall have the meanings respectively assigned to them in clauses (e) and (g) of sub-section (1) of Section 2 of the Depositories Act, 1996. (3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under this section shall be non-cognizable and bailable. As per Section 3 (1) of the Benami Transactions (Prohibition) Act, 1988, benami transactions are prohibited. But as per Section 3 (2) of the Act, a person can buy property in the name of his wife or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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