MANOJ ARORA Vs. MAMTA ARORA

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 19.12.2016 by which trial court has rejected the plaint under Order VII Rule 11 CPC by applying provisions of Sections 4 read with repealed Section 3(2) of the Benami Transactions (Prohibition) Act, 1988.

(2.) The subject suit was filed by the appellant/plaintiff/husband pleading that the two properties with respect to which reliefs of declaration and injunction were claimed in the suit, namely B-1/58, New Moti Nagar, New Delhi-15 and bearing no. B-206, C-DOT, CGHS Apartments, Sector-56, Gurgaon, were purchased by the appellant/plaintiff/husband from his own sources as stated in the plaint including paras 9 and 11 of the plaint. Paras 9 and 11 of the plaint read as under:-

(3.) Accordingly in the suit, reliefs of declaration and injunction were claimed that it was the appellant/plaintiff/husband who was the owner of the properties and not the respondent/defendant/wife.