ANIS UR REHMAN Vs. MOHD TAHIR AND ORS

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 08.05.2018 by which the trial court has rejected the plaint filed by the appellant/plaintiff under Order VII Rule 11 CPC on account of the suit filed by the plaintiff being barred under The Benami Transactions (Prohibition) Act, 1988 (hereinafter 'unamended Act').

(2.) At the outset, it may be noted that the trial court has referred to the fact that the unamended Act was amended w.e.f. 01.11.2016 and the Amended Act containing various amendments is now called as The Prohibition of Benami Property Transactions Act, 1988, yet, the Amended Act has not been held to be applicable by the trial court as the Amended Act has been held to not have retrospective application.

(3.) The limited issue is that whether the suit filed by the appellant/plaintiff, who is the father of the respondents/defendants (respondents/defendants being the sons and daughters of the appellant/plaintiff), claiming rights in the suit property no. G-6, Shop no. 7, Dilshad Colony, Delhi 110095 by seeking reliefs of declaration, possession, use and occupation charges etc. as barred by the provisions of the unamended Act and as to whether the provisions of the Amended Act apply or the provisions of the unamended act.