PRABODH CHANDRA GHOSH Vs. URMILA DASSI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the order of the High Court dated October 12, 1988 allowing the application under Section 115, CPC, through which the order dated 20th July, 1988 was challenged, in case No. 13 of 1986, whereby a writ for delivery of possession under Order 21, Rule 35 of the CPC was made.

(3.) The question raised for our consideration is, whether the provisions of Benami Transaction (Prohibition of Right to Recover Property) Ordinance 1988, which has been replaced by Benami Transactions Prohibition Act, 1988 will apply to an execution proceedings arising out of the proceedings under Section 144, CPC, initiated by the transferee from the heiress of the real owner against the benamidar. In other words, submission is, whether the word 'action' and 'claim', appearing in Section 4 of the Act means and includes proceeding under Section 144, CPC.