KASMUDDIN ANSARI Vs. FIROZA SHAHIN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 7.1.2008 passed by Civil Judge Class II Baikunthpur Distt. Koriain Civil Suit No. 5-A72008 whereby learned Civil Judge Class II has negatived the issue relating to Benami transaction and arrived at the conclusion that the suit is pending and not barred under Section 4 of the Benami Transactions (Prohibition) Act, 1988 (for short "the Act").

(2.) THE order is challenged on the ground that the Court below has not considered the specific pleading of the non-applicant/plaintiff that the transaction was Benami, and therefore, committed an illegality.

(3.) COUNSEL for the applicant submits that the non-applicant/plaintiff in paragraph 6 of the plaint has specifically stated that defendant No. 1 /applicant is a Benami Purchaser and non-applicant No. 1 is the real owner ( ...[VERNACULAR TEXT OMMITED]... He submits that when the entire pleading of the plaint shows that the non-applicant No.1 purchased the property in the name of the applicant, the same is a Benami transaction according to section 2 of the Act and non-applicant is not entitled to recover the property from the applicant in accordance with section 4 of the Act.