OMPRAKASH DUBEY Vs. KAPURI BAI

JUDGEMENT

(1.) By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged the legality and propriety of the judgment & decree dated 10.4.2006 passed by the Additional District Judge (F.T.C.), Pendra Road, in Civil Appeal No.108A/2002, affirming the judgment & decree dated 31.8.2001 passed by the Civil Judge Class-I, Pendra Road, in Civil Suit No.83A/2000, whereby the Civil Judge Class-I has decreed the suit in favour of the respondents.

(2.) The present second appeal was admitted on 15.9.2011 on the following substantial question of law:- Whether the suit originally filed by plaintiff was not maintainable as barred in terms of Section 4(iii) (b) of the Benami Transactions (Prohibition) Act, 1988 ?

(3.) As per initial case of the plaintiff father of the appellant namely Radhikacharan Dubey, after his retirement has purchased suit property bearing khasra No.34/6 area 0.03 acre and khasra No.34/9 area 0.05 acre with constructed house over the property at village Tikarsani, Tahsil Pendra Road on payment of consideration of Rs.9,000/- in the name of the appellant. At that time appellant was student and was not having any source of income to purchase such property. Father of the appellant was karta of joint Hindu family. The present appellant was not having any interest over the property. The appellant threatened his father that he will oust him from the suit property, then suit for declaration of title and permanent injunction was filed by father of the appellant.