VidhiSangh

Supreme Court of India · 02/04/2019

PAWAN KUMAR versus BABULAL SINCE DECEASED THROUGH LRS. AND ORS.

[2019] 5 S.C.R. 1141 · 2019 INSC 454

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Summary

The Supreme Court restored a son’s property suit rejected as barred by the Benami Transactions Act. Under the pre-2016 statutory framework considered, whether the father held title in a fiduciary capacity required evidence. The pleaded payment of consideration by the son and the father’s written acknowledgement could not be rejected through a disputed factual assessment on an Order VII Rule 11 application. Ownership and the statutory exception remained for trial.

Issues

  1. Whether the alleged fiduciary arrangement could be rejected at the threshold.
  2. Whether the plaint itself established an undeniable statutory bar.

Provisions considered

Held

Result

Appeal allowed without costs. Orders rejecting the plaint set aside and the second defendant’s Order VII Rule 11 application dismissed. Trial expedited, preferably within six months; merits left for independent determination.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 1141.