C GANGACHARAN Vs. C NARAYANAN

JUDGEMENT

(1.) There is more than one reason for allowing this appeal. It appears that the appellant had sent money from abroad to the respondent to enable him to purchase immovable property in the name of the appellant. The respondent purchased properties in his own name and in the names of his other brothers in India. The appellant on 20th July, 1983 filed O.S. No. 349/83 for possession of the suit property or its market value. The case of the appellant was that the money which was sent was wrongly utilised in purchasing the properties in the name of the respondent and the brothers instead of purchasing the same in the name of the appellant.

(2.) On 31st July, 1985, suit for possession was decreed with costs and mesne profits were to be determined in execution proceedings. The respondent filed an appeal to the High Court which dismissed the same on 27th August, 1987, inter alia, holding as follows:

(3.) The appellant then filed an execution application being E.P. No. 90/88 before the trial Court. Before the said application was disposed of, on 19th May, 1988 the Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988 was promulgated. Basing on this Ordinance, objections were filed by the respondent to the effect that the decree could not be executed in view of the provisions of the said Ordinance. The executing Court disallowed the objections and thereafter the respondent filed a revision petition before the High Court. By judgment dated 2nd August, 1988, the petition was allowed and in the impugned judgment it was observed that the said Ordinance of 1988 prohibited the recovery of possession of the suit property which was being held by the respondent as a benami of the appellant herein.