NIMBANNA CHANDRAPPA Vs. SHIVANANDA KINNAL AND ANR.

JUDGEMENT

(1.) This appeal is directed against the Judgment and decree passed by the Prl. Senior Civil Judge and JMFC, Hospet on IA-V in O.S. No.556/2014 whereby the plaint is rejected as barred by law.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) Briefly stated the facts are, the plaintiff filed a suit in O.S. No.556/2014 before the trial court against the respondents for declaration, declaring that the joint, right and possession of defendant No.1 in the schedule mentioned properties as null and void and restraining the defendants, their men, agents, servants, assignees and all such other persons claiming under or through them from in any manner interfering with the exclusive sole ownership of the plaintiff and his joint family of the schedule properties and any dealings with them in the capacity as the sole owner. In the said proceedings, defendant No.1 filed IA-V under Order 7, Rule 11 r/w Sec. 151 of Code of Civil Procedure seeking rejection of plaint alleging that the suit is hit by the provisions of the Benami Transaction (Prohibition) Act, 1988, ('Act' for short). The plaintiff had filed objections to the said application. The trial Court after considering the arguments advanced by the learned counsel for the parties and appreciating the material on record, allowed IA-V rejecting the plaint. Aggrieved by the same, the plaintiff is in appeal.