JAGIR SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) HEARD counsel.

(2.) THE present order will dispose of the Preliminary Issue No. 2, i.e. whether the suit is liable to be dismissed in view of the Benami Transactions (Prohibition) Act, 1988. The issue was framed by Court on 12/01/2004. The suit claims declaration and consequential relief in respect of property No. D -69, Hauz Khas, New Delhi - 110016 (hereafter called "the suit property").

(3.) THE plaintiff claims that he had contributed one half of the cost of the said property and all along it was understood and agreed that he would be half owner of the said property. It was further held that in December 1974, the plaintiff was in India and the defendant Sh. Hardev Singh sought to raise a dispute about his ownership of the said property, and by an affidavit dated 07th December, 1974, the said Sh. Hardev Singh acknowledged and admitted that the plaintiff has one -third share in the property. Sh. Hardev Singh claimed to be the owner to the extent of the balance two -third's share. The plaintiff submits that after this acknowledgment of his rights, the parties had no dispute over each other's position and that it continued to be as it were till after October, 1999, when Sh. Hardev Singh passed away. It is submitted that the legal heirs/representatives of the Hardev Singh, arrayed defendants started disputing the plaintiff's title which necessitated this suit, for declaration, possession and rendition of accounts and partition of the basement.