Benami Transaction (Prohibition) Act, 1988–Secs. 4(3)–Suit for declaration and for setting aside the sale deed executed by the defendant no. 1–Plaintiff averred that the properties were purchased by him for maintenance and education of his children–He positively avered that the both sons (defendant nos. 1 & 2) were minor at the relevant time, and they were having no source of income–First defendant admitted the fact of being minor–He set up the inconsistent pleas by asserting the plea of adverse possession–Plaintiff proved his case by adducing the evidence of tenants who paid the rent to him–Suit deserves to be decreed.
