Benami Transaction (Prohibition) Act, 1988–Sec. 4(3)(b)–Property purchased in name of one member of the family–Parties made a contribution towards the sale consideration paid for the acquisition of the suit property–Appellant was in a fiduciary capacity by the four brothers–Contention of appellant that the plea of fiduciary relationship was not raised before trial Court hence it was not available thereafter–Declined to accept–Question in regard to the bar of Sec. 4 was raised before the High Court and was found against the appellant thus it was not a new plea for the appellant–No interference is required in the findings of High Court.
