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Chandrabhaga (Smt.) & Anr. vs. Banwari Lal Agarwal

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Benami Transaction (Prohibition) Act, 1988–Sec. 4(1)–Applicability–Property in question was purchased by deceased-karta in favour of his son (defendant no. 1)–Whether the suit for partition among his sons is barred by the provisions of Sec. 4(1)?–Held, no–Because the defendants admitted the existence of Hindu Undivided Family–Further, they raised the self contradictory pleas by stating in one hand that they are seeking the benefit of Sec. 4 and on other hand they claimed that the property was the self acquired property.