AMAR N GUGNANI vs NARESH KUMAR GUGNANI(SINCE DECEASED THR LRS)SUNITA GUGNANI & ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27.01.2026 Date of decision: 12.02.2026 + RFA(OS) 89/2015 AMAR N GUGNANI .....Appellant Through: Mr. Manish Kumar, Mr. Rehan Bhasin & Ms. Aparajita Jha, Advs. versus NARESH KUMAR GUGNANI (SINCE DECEASED THR LRS) SUNITA GUGNANI & ORS. .....Respondents Through: Mr. Pravir Kumar Jain & Mr. Arjav Jain, Advs. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE RENU BHATNAGAR JUDGMENT 1. The present appeal has been preferred by the Appellant under Section 96 of the Code of Civil Procedure, 1908 read with Section 10 of the Delhi High Court Rules, assailing the Judgment and Decree dated 30.07.2015, passed by learned Single Judge, (hereinafter referred to as “Impugned Order”), whereby the Suit of the Appellant was dismissed being barred by the provisions of Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as “the Benami Act”). 2. Briefly stated facts are that the Appellant, presently a resident of United States of America (USA), instituted a Civil Suit being CS (OS) No. 478 of 2004 seeking, inter alia, reliefs of declaration, eviction, recovery of damages, RFA(OS) 89/2015 Page 1 of 10 Signature Not Verified Signed By:ROHIT SAIN Signing Date:12.02.2026 02:44:41 rendition of accounts and permanent and mandatory injunctions in respect of property bearing No. 33, Uday Park, New Delhi (hereinafter referred to as “the suit property”). 3. It is the case of the Appellant that he left India in the year 1962 for higher studies and thereafter pursued his education and career in the USA. During the course of his stay abroad, he remitted substantial funds to India and entrusted the same to his father, late Shri Jai Gopal Gugnani, for being held and utilized for the benefit of the Appellant. Subsequent