Law: Specific Relief Act, 1877

Section: 42

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Limitation---Transaction in favour of minor---Benami transaction---Ingredients---Contention of plaintiffs was that their predecessor purchased suit property in the name of minor son being Benami and they were entitled for their legal shares---Suit was dismissed concurrently---Validity---Ingredients of Benami transaction were motive, consideration, possession of property and possession of original documents---Predecessor of parties after retirement from service purchased suit property with amount of pension and gratuity---When father of minor defendant purchased suit property from his own declared funds/money then there was no need to hide the same from any one or purchase the same in the name of minor son as a Benami transaction---Defendant at the time of sale deed was minor having no source of income and consideration amount was paid by the predecessor of the parties---Mere infancy or childhood of defendant did not make the sale transaction in his favour as Benami transaction---Possession of suit land was with the defendant---Plaintiffs could not discharge the onus to prove that impugned transaction was Benami transaction---Suit property was knowingly and deliberately purchased by the predecessor of the parties in favour of his only son due to love and affection---Suit property was purchased in the year 1940 and predecessor of the parties remained alive till 1967---Predecessor in his lifetime neither made any effort to get the suit property in his name nor challenged the same before any appropriate forum---Defendant had alienated some land through mutation of gift in favour of her sisters on 12-03-1973---Plaintiffs were aware that suit property was in the name of defendant since 1973---Mother of plaintiffs in whose shoes they had stepped into was alive at that time and remained alive till 2000 but she never challenged the disputed transaction in her life time---Plaintiffs had challenged the disputed transaction after eight years of the death of their mother---Suit was barred by time in circumstances---No illegality was pointed out in the impugned s and decrees passed by the courts…

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