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Madras High CourtA/6012/2019dismissed

Ms.J.M.H.Hazarath Bi Alias Haju And 2 Others v. M.Basheer Ahmad And 7 Others

2019-09-18Honourable Mr Justice N. Sathish Kumar4 pages

IN TE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.No.6012 of 2019 in C.S.No.16 of 2019 M.Basheer Ahmad Green Palace No.67, Ramaswamy Street, Mannady, Chennai 600 001.

:APPLICANT/Plaintiff Vs

1. Ms.J.M.H.Hazarath Bi alias Haju No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017.

2. Ms.Aarifa No.15/7, Hyder Garden, 2nd Street, Perambur - Jamalia Chennai 600 012.

3. Ms.Zubaida No.131, 1st Floor, MMD Colony, Mugappair East, behind MMM Hospital, Chennai 600 037.

4. Ms.Mumtaz No.15/7, Hyder Garden, 2nd Street, Perambur - Jamalia Chennai 600 012.

5. Ms.Maimoona Khwaja No.18B, Cauvery Salai, Gandhi Nagaram, Kodungaiyur, Chennai 600 118.

6. Ms.Balkhees Bi No.46, Shaik Maistry Royapuram, Chennai 600 013.

7. Ms.H.Zainab No.11, U Block, 4th Main Road, Anna Nagar, Chennai 600 040.

8. Ms.H.Mariyam No.131/3, Panchali Amman Koil Street, Arumbakkam, Chennai 600 106.

9. J.M.Haroon Rasheed No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017.

10. Imran No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017.

:RESPONDENTS/Defendants A.No.6012 of 2019:

1. Ms.J.M.H.Hazarath Bi alias Haju No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017.

2. J.M.Haroon Rasheed No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017.

3. Imran No.9, Vijayagavachari Lane, T.Nagar, Chennai 600 017. ..Applicant/Defendant-1,9and 10 -Vs1. M.Basheer Ahmad Green Palace No.67, Ramaswamy Street, Mannady, Chennai 600 001 ..Respondent/ Plaintiff

2. Ms.Aarifa No.15/7, Hyder Garden, 2nd Street, Perambur - Jamalia Chennai 600 012.

3. Ms.Zubaida No.131, 1st Floor, MMD Colony, Mugappair East, behind MMM Hospital, Chennai 600 037.

4. Ms.Mumtaz No.15/7, Hyder Garden, 2nd Street, No.15, Hyder Garden, Perambur - Jamalia Chennai 600 012.

5. Ms.Maimoona Khwaja No.18B, Cauvery Salai, Gandhi Nagaram, Kodungaiyur, Chennai 600 118.

6. Ms.Balkhees Bi No.46, Shaik Maistry Royapuram, Chennai 600 013.

7. Ms.H.Zainab No.11, U Block, 4th Main Road, Anna Nagar, Chennai 600 040.

8. Ms.H.Mariyam No.131/3, Panchali Amman Koil Street, Arumbakkam, Chennai 600 106.

..Respondents/Defendants 2 to 8 This applicaition praying that this Hon'ble Court be pleased to reject the Plaint in C.S.No.16 of 2019 with cost. This application coming on this day before this Court for hearing the court made the following order: The present Application has been filed seeking to reject the plaint in C.S.No.16 of 2019 with cost.

2. The learned counsel for the applicants/defendants 1, 9 & 10 submitted that the defendants 1, 9 & 10 have filed the present Application seeking the rejection of plaint on the ground that the same has no valuable cause of action and also barred by law. He further submitted that the first respondent's/plaintiff's suit claim is that the first defendant is holding 85,949 Sq.Ft., of UDS in the larger extent of the suit property as a Benami for the benefit of the first respondent/plaintiff for the proposed joint venture and commercial entity. He would also submit that the dispute involved in the present suit is a Benami Transaction.

He therefore prayed that the present Application may be allowed.

3.

Heard the learned counsel for applicant/defendants 1, 9 & 10 and perused the entire suit papers.

4. It is seen that the suit itself is filed for partition and the plaintiff is a co-owner to an extent of 21,000/- Sq.Ft in the suit schedule property. It is also seen that the defendants 1, 9 & 10 have filed the present Application seeking to reject the plaint in C.S.No.16 of 2019 stating that the plaint claim would fall within the ambit of Section 2(ix) of the Prohibition of Benami Property Transaction Act, 1988 as amended by Act 43 of 2016 since the dispute involved in the present suit is a Benami Transaction and therefore, the plaint barred by law. However, considering the facts and circumstances of the case, this Court is of the view that the plaint in C.S.No.16 of 2019, cannot be rejected merely for the reasons stated by the applicants/defendants 1, 9 & 10 herein and therefore, the present Application is liable to be dismissed.

5. Accordingly, this Application is dismissed. Sd/-N.S.K.J.

18.09.2019 //Certified to be a true copy// Dated this the day of 2019.

Su/25.09.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.