Supreme Court of India · 2019-04-02
Pawan Kumar vs Babulal Since Deceased Through Lrs
- Citation / case number
- AIRONLINE 2019 SC 461
- Court
- Supreme Court of India
- Petitioner
- Pawan Kumar
- Respondent
- Babulal Since Deceased Through Lrs
- Author
- Uday Umesh Lalit
- Bench
- Indu Malhotra, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court held that the suit filed by the appellant was barred under Section 4 of the Benami Transactions (Prohibition) Act, 1988, as the appellant intended to purchase property in the name of his father using his own funds. The Court affirmed the trial court's decision to reject the plaint under Order VII Rule 11 of the CPC, emphasizing that the nature of the transaction constituted a benami transaction. Consequently, the appeal was dismissed, upholding the lower court's ruling.