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april 2019

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.

Pawan Kumar vs Babulal Since Deceased Through Lrs · Niyam