UMA DUTT Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This first appeal is arising out of the judgment and decree dated 18.09.1992 passed by the learned District Judge, Sriganganagar in Civil Suit No.125/1991 "Uma Dutt Vs. Ramesh Chandra & Ors." whereby, the application filed by the defendants under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the suit filed by the plaintiff -Uma Dutt was allowed.

(2.) Having examined the record of the case, it is noticed that the suit aforesaid was dismissed by the learned Trial Court on the ground that the suit is barred by Section 4(2) of the Benami Transactions (Prohibition) Act, 1988 and also on the ground that the suit did not discloses any cause of action having been arises for the plaintiff for filing the aforesaid suit.

(3.) Admittedly, it is noticed that a plot of land situated at 12 -E, Sriganganagar was purchased in the name of Smt. Vidhya Devi wife of the Shri Mani Ram and Ramesh Chandra son of Shri Mani Ram, the father of the present appellant -plaintiff. The plaintiff alleges that the plot in question was given to him by his father Shri Mani Ram by execution of a Will. However, it is an admitted position by the plaintiff that the property in question was purchased as Benami Property in the name of wife and son by the father namely, Shri Mani Ram. The learned Trial Court, after appreciation of relevant evidence and statutory provisions, found that the suit was barred by Section 4 of the Benami Transactions (Probihition) Act, 1988.