Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff [Repealed]
Full Text
[Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.] Rep. by the Benami Transactions (Prohibition) Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).
Plain English Summary
Section 66 previously prohibited suits against certified court auction purchasers on the ground that the purchase was made benami on behalf of the plaintiff. It was formally repealed by Section 7 of the Benami Transactions (Prohibition) Act, 1988 (now Prohibition of Benami Property Transactions Act, 1988).
Key Legal Elements
- Repealed Statutory Provision: Repealed by Section 7 of the Benami Transactions (Prohibition) Act, 1988.
- Historical Benami Bar: Formerly barred suits asserting that a certified court purchaser acted benami for another person.
- Governed by Central Benami Legislation: The subject matter is now subsumed and governed by the comprehensive Prohibition of Benami Property Transactions Act, 1988.
Practical Note
Repeal History & Modern Benami Prohibition Act Linkage: (1) Historical Context: Section 66 was originally enacted to protect court auction sales from collusive benami challenges by decree-holders or judgment-debtors claiming the certified buyer was a mere front. (2) Legislative Repeal: With the enactment of the Benami Transactions (Prohibition) Act, 1988, Section 4 of that Act enacted an omnibus prohibition on enforcing benami rights, rendering Section 66 redundant and leading to its express repeal under Section 7. (3) Current Practice: Any plea that an auction purchase was benami is now strictly barred under the Prohibition of Benami Property Transactions Act, 1988.
हिंदी पाठ
[क्रेता के विरुद्ध इस आधार पर वाद का पोषणीय न होना कि क्रय वादी की ओर से किया गया था।] बेनामी संव्यवहार (प्रतिषेध) अधिनियम, 1988 (1988 का 45) की धारा 7 द्वारा (19-5-1988 से) निरसित।