Hence this appeal by special leave.
The special leave to appeal was granted by this Court on 15.11.1978.
The first appellate companyrts judgment was dated 23.12.1974, the trial companyrt judgment dated 13.3.1974 and the suit was filed in 1971.
45 of 1988 , hereinafter referred to as the Act, received the asset of the President of India on September 5, 1988.
From the Judgment and Order dated 27.3.1978 of the Allahabad High Court in Second Appeal No.
The provisions of Sections 3, 5 and 8 of the Act came into force at once on that date and the remaining provisions were to be deemed to have companye into force on 19th day of May 1988.
The Benami Transactions Prohibition of the Right to Recover Property Ordinance, 1988, hereinafter referred to as the Ordinance, was pro mulgated on May 19, 1988 to companye into force at once.
The learned Civil Judge, Lucknow, by his judgment dated 133.1974 decreed the suit declaring the plaintiff to be the sole and real owner of the suit house and permanently restraining the defendant from transferring the suit house to any other person.
The plaintiff respondent Prem Behari Khare instituted suit No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The defendant appellants second appeal thereafter was also dismissed by the High Court of Judicature at Allahabad by the impugned judgment dated 27.3.1978.
2311 of 1978.
On first appeal by the defendant appellant the learned Additional District Judge Lucknow by his judg ment dated 23.12.1974 dismissed the appeal agreeing with the findings of the trial companyrt that it was the plaintiff re spondent who paid the companysideration and purchased the suit house benami in the name of tile defendant appellant who, therefore, had numberright to create any equitable mortgage or to transfer the suit house.
130 of 1975.
The Benami Transactions Prohibition Act, 1988 Act No.
The Judgment of the Court was delivered by N. SAIKIA, J. This appeal by special leave is from the judgment and order dated 27.3.1978 of the High Court of judicature at Allahabad Lucknow Bench , in second appeal No.
Awadh Behari and N.N. Sharma for the Appellants.
130 of 1975, dismissing the appeal and upholding the decree of the plaintiff respondents suit.
Yogeshwar Prasad and Mrs. Rani Chhabra for the Respondent.
42 of 197 1 in the companyrt of Civil Judge, Mohanlal Gun j, Lucknow praying for the reliefs, inter alia, that he be declared to be the sole and real owner of the suit house, and that the defendant appellant be permanently restrained from transferring the suit house.
