MITHILESH KUMARI & ANR. versus PREM BEHARI KHARE

MITHILESH KUMARI & ANR. versus PREM BEHARI KHARE

The Benami Transactions (Prohibition) Act, 1988 applies retroactively to suits and appeals pending as of its commencement, including transactions made prior to the Act; as a result, the real owner's right to recover benami property is unenforceable and the respondent's suit for recovery cannot be decreed, with appellate courts empowered to consider legislative changes during pendency of appeals.

Parties
Appellant: Mithilesh Kumar and another; Respondent: Prem Behari Khare
Jurisdiction
India
Judgment Date
14 February 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Decision of Allahabad High Court in Second Appeal No. 130 of 1975
Outcome
Appeal allowed
Legal Topics
Benami Transactions, Retrospective Operation of Statutes, Appeal Proceedings, Declaratory Statutes, Vested Rights, Statutory Construction, Interference With Concurrent Findings
Property Law Statutory Interpretation Civil Procedure Benami Transactions Retrospective Operation of Statutes Appeal Proceedings Declaratory Statutes Vested Rights +2 more

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Parties

Mithilesh Kumar and another

Appellant

Prem Behari Khare

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Decision of Allahabad High Court in Second Appeal No. 130 of 1975

Legal Issues

  1. 1 Whether the Benami Transactions (Prohibition) Act, 1988 applies to appeals pending at the time of commencement of the Act
  2. 2 Whether the Supreme Court should interfere with concurrent findings of fact of lower courts
  3. 3 Whether there is retrospective or retroactive operation of the Benami Transactions (Prohibition) Act, 1988

Ratio Decidendi

The Benami Transactions (Prohibition) Act, 1988 applies retroactively to suits and appeals pending as of its commencement, including transactions made prior to the Act; as a result, the real owner's right to recover benami property is unenforceable and the respondent's suit for recovery cannot be decreed, with appellate courts empowered to consider legislative changes during pendency of appeals.

Court Disposition

Appeal allowed

Orders

  • Decree passed by lower courts annihilated
  • Suit filed by respondent dismissed