SATYENDRA DWIVEDI Vs. HEMLATA DWIVEDI

JUDGEMENT

(1.) THE appellant/plaintiff is aggrieved by an order dated 29-12-2007 passed in Civil Suit No. 20-A of 2007 by the additional District Judge, Bilaspur whereby on an application filed by the respondents/ defendants under Order 7, Rule 11 of CPC the suit was dismissed as barred under Section 4 (1) of the Benami Transactions (Prohibition)Act, 1988 (hereinafter referred to as the Act of 1988 ).

(2.) ADMITTEDLY, the appellant/plaintiff and the respondent/defendant No. 2 are the sons of respondent/defendant No. 1 - Smt. Hemlata Dwivedi, who is the widow of babulal Dwivedi. A registered sale deed was executed on 11-10-1974 wherein Smt. Hemlata Dwivedi was shown as the purchaser of the suit property. On 11-4-2005. Hemlata Dwivedi executed a sale deed of the suit property in the name of respondent No. 2 and his wife/respondent No. 3. It is also not in dispute that in Civil Suit No. 43-A/2005 instituted by respondent Nos. 2 and 3 against respondent No. 1/smt. Hemlata Dwivedi for declaration of title and possession over the suit property, a compromise was effected in lok Adalat on 25-9-2005 between the parties whereupon the suit was decreed while declaring that respondents Nos. 2 and 3 were the owners and in possession of the suit property and were entitled to have their name mutated over the same.

(3.) THE appellant/plaintiff instituted the suit praying for the following reliefs :. . (Vernacular Matter Omitted ). .