VIPRA GABHARUBHAI BHANJI Vs. SANGHVI HARILAL CHHAGANLAL

JUDGEMENT

(1.) This Second Appeal under Sec. 100 of C. P. Code is directed against the judgment and decree passed by Civil Judge (J.D.), Rajula dated 10th September 1979 in Regular Civil Suit No. 55 of 1971 and further confirmed in Regular Civil Appeal No. 99 of 1979 by the Assistant Judge at Amreli by judgment and decree dated 23/10/1981.

(2.) At the time of admitting this appeal the learned single Judge of this Court formulated following two substantial questions of law which in his opinion are involved in this Second Appeal 1. Whether the agreement dated 6-2-1988 is specifically enforceable ? 2. Whether the plaintiff (respondent No. 1) is entitled to any of the reliefs prayed for in the suit ?

(3.) At the final hearing of this Second Appeal, Mr. P. M. Raval, learned Counsel appearing for the appellant-defendant No. 1 has also raised additional substantial question of law to the effect that in view of the provisions of Benami Transactions (Prohibition) Act, 1988, the suit of the respondent No. 1 plaintiff was liable to be dismissed as he prayed for declaration that the defendant No. 1 was a benamidar and that the plaintiff was the real owner of the property and such declaration cannot be granted. Since it was a substantial question of law based on the subsequent event, namely, coming into force of Benami Transactions (Prohibition) Act, 1988, same was permitted to be agitated.