RAM SARUP Vs. GHANSHAM DASS

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Civil Judge (Junior Division), Hisar dated 4.5.2007 and order passed by the District Judge, Hisar dated 09.1.2008, whereby the application filed by defendant under Order 7 Rule 11 of Code of Civil Procedure (for short, 'the CPC') has been allowed.

(2.) THE facts culled out from the available record are that the plaintiff/appellant filed a suit against his real uncle (respondent No. 1) and the transferee of the property in question (respondent No. 2 Smt. Shanti Devi), seeking declaration to the effect that he is the owner in possession of half share of Southern side of plot No. 398 measuring 30'x 35' (referred to as the plot in question) situated in Southern Side of Animal Husbandry Cooperative House Building Society Ltd. Sunder Nagar, Barwala Road, Hisar, and the transfer of the entire plot in the name of defendant No. 2 by defendant No. 1 on 23.5.2004 is illegal. The plaintiff also prayed for mandatory injunction against defendant No. 2 restraining her from interfering in his possession to the extent of half share of the plot in question.

(3.) AFTER putting in appearance in the suit, respondent No. 1 filed an application under Order 7 Rule 11 of C.P.C. for rejection of the plaint on the ground that the plaintiff has taken a plea of Benami Transaction which is not permissible after coming into force of the Benami Transaction (Prohibition) Act, 1988 (for short, 'the Act') by any person who may be the plaintiff or the defendant. The suit was thus sought to be rejected on the ground of being barred by law.