AKINIPALLI SHANKARAIAH Vs. AKINIPALLI LINGAIAH

JUDGEMENT

(1.) Aggrieved by the order dated 29th September 1999 passed in I.A. No.228 of 1999 in O.S. No. 13 of 1998, on the file of the learned Senior Civil Judge, Huzurabad, the petitioner therein preferred this revision.

(2.) The petitioner herein is the plaintiff in the abovementioned suit. The said suit was laid for recovery of possession of suit schedule property from the respondent, who is none other than the brother of the petitioner, and also for mesne profits. In the said suit, the respondent set up a defence that he, in fact, purchased the suit schedule property though the title deed was obtained in favour of the petitioner and therefore disputed the right of the petitioner to claim the relief such as the one sought by the petitioner in the suit. In substance, the respondent set up a plea of 'benami'.

(3.) In the background of the above mentioned defence, the petitioner herein filed the above said I.A., under Order XVI Rule 16 of the Code of Civil Procedure read with Section 4(2) of the benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as 'the Act') praying that portion of the written statement insofar as it pertains to the plea of 'benami' by the defendant- (respondent herein) be struck off. The trial court by the impugned order dismissed the above said I.A., purporting to be relied upon a judgment of this court reported in D. Mittyalu v. G. Kanakam.