SITA BAI & ORS Vs. SADDA BAI

JUDGEMENT

(1.) Being aggrieved by the order dated 24.11.2011 passed in Civil Suit No.16A/2011by the 1 st Civil Judge Class-II Gadarwara, District Narsinghpur rejecting the application filed by the petitioners/defendants under Order VII Rule 11 of the Code of Civil Procedure (hereinafter shall be referred to as "CPC"), this revision has been preferred under Section 115 of the C.P.C.

(2.) The fact giving rise to file the present revision is that the plaintiff Sadda Bai W/o Late Sardar Singh filed a suit against the defendants interalia pleading that the land of Khasra No.327/2 area 0.271 hectare of Village Tekapar, Tahsil Tendukheda, District Narsinghpur was purchased in the name of her sister Sheela Bai though the amount of consideration was paid by her husband. Sheela Bai died on 18.1.2011 and during her life time, an agreement dated 30.9.1990 was executed mentioning that on receiving the amount of Rs.10000/- paid by the husband of the respondent/plaintiff, the land has been purchased in the name of Sheela Bai for which the amount of consideration was not paid by her. It is said by the said document, the plaintiff was put in possession on the suit land. It is also pleaded, Sheela Bai during her life time executed a sale deed on 6.10.2010 in favour of defendant No.1 at Narsinghpur though the land is situated at Tendukheda and the Sub Registrar Tendukheda may register the sale deed. However, it is urged that the sale deed executed on 6.10.2010 do not confer any right to the defendants and the plaintiff is in possession by virtue of the agreement dated 30.9.1990, therefore, they be declared owner thereof and the defendants be restrained to interfere in their possession.

(3.) The defendants have filed an application under Order VII Rule 11 of the C.P.C interalia contending that the land of Khasra No.327/2 area 0.271 hectare of Village Tekapar, Tahsil Tendukheda, District Narsinghpur has been said to be the land purchased in the name of sister of the plaintiff on payment of the amount of consideration by the husband of the plaintiff. The said transaction falls within the purview of "Benami Transaction" which is prohibited under the law. However, by taking such plea, title in the suit land cannot be claimed and such property be called as the Benami Property, therefore, the suit for declaration of title is liable to be dismissed.