TMI Blog2019 (1) TMI 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... er of the parties herein in the name of the first defendant. Maruthumuthu had four sons, of whom, the second plaintiff is his second son and the defendant is his youngest son. His other two sons are Ramasamy and Gurusamy, who died and their legal heirs are the first, third and fourth plaintiffs. The entire consideration for the purchase of the property proceeded from their father Maruthamuthu, and all along it was treated only as a family property. HELD THAT:- As with the advent of the prohibition of Benami Property Transactions Act, 1988, it is no more permissible for anyone to plead benami either in the plaint or in the written statement, unless the case falls within the exceptions provided under Section 4 of the said Act. However, if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase of the property proceeded from their father Maruthamuthu, and all along it was treated only as a family property. The defendant is entitled to no more than share in the suit property. Hence the plaintiffs have laid a suit for partition against the sole defendant. 3. The defence taken is that the suit property was the exclusive property of the defendant. Pending suit, the sole defendant died and his legal heirs contested the suit. 4. The trial Court on appreciating the evidence, has found that the deceased sole defendant could not have possessed necessary resources to purchase the property in 1956, and accordingly it held that the property is partible and passed a preliminary decree for partition. This decree was reversed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollows: ''4. Prohibition of the right to recover property held benami.- (1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. (2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property.'' 8. Thus, with the advent of the prohibition of Benami Property Transactions Act, 1988, it is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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