SHAKUNTALA DEVI Vs. VINOD K DAYAL & ORS.

JUDGEMENT

(1.) The question that arises in these three suits is whether the daughter-inlaw could be considered as trustee or a person standing in a fiduciary capacity, who is holding property for the benefit of her mother-in-law as per Section 4(3)(b) of the Prohibition of Benami Transactions (Prohibition) Act, 1988 (hereinafter, 'Benami Transaction Act').

(2.) The three suits are summarized herein below:

(3.) This suit filed by Smt. Shakuntala Devi was the first suit in point of time seeking declaration and possession as also mesne profits and injunction in respect of the property bearing No.C-216, Sarvodaya Cooperative Housing Society, Sarvodaya Enclave, New Delhi admeasuring 498 Sq. Yards (hereinafter, 'suit property'). The daughter in law of the Plaintiff - Smt. Shakuntala Devi was Late Smt. Sudha Dayal, wife of Shri Vinod K. Dayal. Smt. Shakuntala Devi was married to Shri Maheshwar Dayal. They had three children i.e. Shri Vinay Dayal, Smt. Veena Aggarwal and Shri Vinod Dayal.