MANSEER DEVI Vs. SALIKRAM

JUDGEMENT

(1.) This is defendants' Second Appeal filed under Section 100 of Code of Civil Procedure (for short 'the C.P.C.') challenging the judgment and deuce dated 22.07.1999 passed by 2nd Additional District Judge, Bilaspur in Civil Appeal No. 22-A/1998 affirming the judgment and decree dated 27.11.1995 passed by IVth Civil Judge, Class-I, Bilaspur, in Civil Suit No. 409-A/92, decreeing the suit.

(2.) The trial Court, by its judgment & decree dated 27.11.1995 decreed the suit holding that the scheduled suit property was purchased out of the income of the Hindu undivided family in the name of Mansir Devi and the transaction is Benami transaction but in view of Section 4(3)(a) of the Act, the prohibition contained in Section 4(1) of the Act would not be applicable.

(3.) The defendants preferred first appeal there against. The first appellate court, after re-appreciating the entire evidence adduced in the case, affirmed the judgment and decree passed by the trial court, leading to filing of this Second Appeal under Section 100 of the Code of Civil Procedure.