Anandi Mandal And ANR v. Mahendra Narayan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15391 of 2014 ===========================================================
1. Anandi Mandal S/o Late Baijnath Mandal
2. Uma Shankar Mandal S/o Anandi Mandal Both Resident of Village Purushottampur Kataria, P.O. Mai Dariyapur, P.S. Muffasil, District Munger. .... .... Petitioner/s
Versus
Mahendra Narayan Singh S/o Late Saryug Singh Resident of Village + P.O. Bhadaoura, P.S. Kharagpur, District Munger.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Rekha Prasad, Adv. For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 26-10-2016 Heard Mrs. Rekha Prasad, learned counsel for the petitioners.
By the impugned order the learned court below has rejected the prayer made on behalf of the defendant-petitioners for rejection of the plaint under Order 7 Rule 11 (D) C.P.C. The petitioners have raised the objection that the suit was barred under the provisions of Benami Transactions (Prohibition) Act 1988 as the plaintiff has prayed for declaration of his title over the suit property asserting that he was the real purchaser of the said property in the Benami name of the defendants. The learned court below after considering the submissions has turned down the prayer on behalf of the defendants.
Patna High Court CWJC No.15391 of 2014 dt.26-10-2016 Mrs. Prasad, learned counsel for the petitioners has fairly accepted the position after the decision in the case of R. Rajagopal Reddy Vs. Padmini Chandrasekharan, 1995 (2) SCC 630 that the provision of the said Act would not be attracted in case a transaction prior to the coming into force of the Act.
After considering the submissions and in view of the stand on behalf of learned counsel for the petitioners on the basis of the aforesaid judgment, this Court is not inclined to invoke the jurisdiction under Article 227 of the Constitution of the India. The application is, accordingly, dismissed.
(V. Nath, J) Devendra/- U