Law: Benami Transactions (Prohibition) Act, 2017

Section: 43

Law: Civil Procedure Code (V of 1908)

Section: 8,9

(a) Benami Transactions (Prohibition) Act (V of 2017)--- ----S.43---Civil Procedure Code (V of 1908), S. 9---Civil Court, jurisdiction of---Ousting clause---Applicability---Respondent/plaintiff filed three suits for declaration alleging that suit property belonged to her predecessor and defendants were only Benami owners, which were rejected by Trial Court on ground of being barred by law---Respondents appeals were allowed by appellate Court---Held, that respondent neither impugned any proceedings initiated/conducted by the authorities under the Benami Transactions Act, 2017, nor claimed any other relief regarding such acts/deeds and no act of authority/tribunal had been challenged, therefore, S.43 of the Act, 2017 was not applicable---Property in dispute was not an un-attended/title-less property---Same had been duly registered in the office of Sub-Registrar---Exclusive jurisdiction vested in the Civil Courts to decide the title/ownership of such property after recording of evidence of parties---Benami Transactions (Prohibition) Act, 2017, was not applicable in the present case---All three revision petitions were accordingly dismissed. (b) Benami Transactions (Prohibition) Act (V of 2017) --- ----Preamble and S. 22---Object and scope---If a property was purchased in the name of a person who according to his social status was unable to have purchased any property by his own means, if such property was found in his name then the Benami Transaction (Prohibition) Act, 2017, would come into play and would act upon the procedure under S.22 of the Act; such property would be considered as Benami property and would be subjected to confiscation in favour of the State. (c) Civil Procedure Code (V of 1908)--- ----S.9---Civil Court, exclusive jurisdiction of---Civil Courts had the exclusive/ultimate jurisdiction to declare the rights, title and status of a person/property. JUDGMENT AHMAD NADEEM ARSHAD, J.---- Through this single judgment, I intend to decide the instant civil revision as well as connected Civil Revisions bearing Nos.1305-D of 2019 and 1306-D of 2019 as common question of law is involved in all these civil revisions. The petitioners have challenged the…

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