RAM SHANKAR JHA Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS civil revision application is directed against the order dated

(2.) 04.2007 passed by the learned Sub-Judge-II, Benipur in Title Suit No. 46 of 2001/13 of 2005 whereby the learned court below has rejected the objection raised by the petitioner as regarding the maintainability of the suit in the light of the provision underlying section 4 of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to as the ' Act). Though served and having appeared through counsel, there is no representation on behalf of the plaintiff-opposite parties. 2. The suit in question has been filed by the plaintiffs-opposite parties for declaration of their title with respect to suit land and for confirmation of their possession. The plaintiffs have also sought for permanent injunction restraining the defendant-petitioners from changing the nature of the suit lands. It is not in contest that the suit property was purchased by the father of the plaintiff namely late Gulab Narayan Jha in the name of the father of the defendant-petitioners namely late Satya Narayan Jha under deed dated 20.09.1958. The veracity of the deed was never put to question by the late Gulab Narayan Jha stated to be real owner of the property as against the ostensible owner namely, Satya Narayan Jha, rather after a lapse of almost forty three years, the legal heirs of Gulab Narayan Jha have instituted the suit in question seeking a declaration of title and confirmation of possession over the said property. An objection was raised by the defendant-petitioners herein under the provisions of Order 14, Rule 2 of the Code of Civil procedure raising issues as to the maintainability of the suit in view of the bar provided under section 4 of the Act. The objection has been rejected by the court below by the order impugned and hence this application.

(3.) LEARNED counsel for the petitioners in support of his submission has relied upon the following judgments of the Supreme Court namely: