JM KOHLI Vs. MADAN MOHAN SAHNI

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 2.4.2011 dismissing the suit and/or rejecting the plaint by holding that the same is barred by Benami Transactions (Prohibition) Act, 1988 and also by limitation.

(2.) THE disputes in the present case center around the ownership of a flat No. C -1/F, DDA Flats, Munirika, Delhi. The appellant/plaintiff -Sh. J.M. Kohli claims to be the owner of the suit property. The suit property however from the very beginning stands in the name of defendant No.1/respondent No.1/Madan Mohan Sahni, inasmuch as, the flat was allotted to him by the Delhi Development Authority (DDA) and the entire documentation qua the title of the property also stands in the name of respondent No.1. The title documents in name of respondent No.1/defendant No.1 exist from 1981 till date.

(3.) RESPONDENT No.1 filed two applications for dismissal of the suit and/or for rejection of the plaint claiming that the suit was barred by Section 4 of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as the ,,Benami Act), and also that the suit was barred by time, inasmuch as, the appellant/plaintiff way back in the year 1984 had filed a suit No. 157/1984 seeking to declare himself as the actual owner of the suit flat, respondent no.1 being only the benamidar, and which suit was withdrawn on 17.9.1987. The present suit had been filed after 23 years on 22.5.2010.