(A) Benami ownership—Benami Transaction (Prohibition) Act, 1988—Section 4 (3) (a) —Suit filed by plaintiff against his two sons and purchasers of property—Seeking setting aside of sale-deed and relief of declaration of title—Trial Court dismissed the suit—Appellate Court declined plaintiffs appeal—Second appeal—Dismissed by High Court—Reiterated that plaintiffs had failed to prove that property was purchased for benefit of coparceners—Plaintiff' sought special leave—Determination of—High Court fell into error in ignoring that circumstances of this case, where first plaintiff had proved that properties had been purchased, with his funds and sons were minors, with no source of income—In these circumstances, elements necessary to establish benami ownership with...

Benami Transactions (Prohibition) Act, 1988, Section 4 – Benami Property – Claim of ownership - A person having two sons - He purchased property in name of one son - Name of that son entered in revenue record - The second son or his successors cannot claim ownership - The plea with regard to the real owner of the property could not be gone into as it was barred by t he provisions of Section 4(2) of the Benami Act. [Para 18] In this context, the question of benami ownership also surfaced. There is no dispute that in the revenue records property stood in the name of Vassudev Govekar and not Jagannath Govekar. The first appellate court rightly held that the plea with regard to the real owner of the property being Jagannath Govekar could not be gone into as it was barred by the provisions of Section 4(2) of the Benami Act. Thou...