IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.535 of 1994 Babulal Rai, Son of Late Shri Pargun Rai, resident of Village- Amawa, P.O. and Police StationTurkaulia, District-East Champaran --- (Plaintiff-Respondent) ---- Appellant. Versus 1. Girija Rai, Son of Ugrasen Rai. 2. Ram Bihari Rai, Son of Jevi Rai Both residents of Village- Amawa, P.O. and Police StationTurkaulia, District-East Champaran --------- (Defendant-Appellant)- Respondents 3. Reshmi, daughter of Bunti Devi, W/O Jagdish Rai, resident of Village- Koilabelwa, P.S. Chakia, District-East Champaran 4. Ghunia, d/o Banti Rai, W/O Madho Rai, resident of Village- Baswana, P.S. Motihari Mofasil P.O. Bataura, District-East Champaran 5. Kushmi , d/o Banti Rai, W/o Bindeshwari Rai, resident of Village-Dipan, P.O. Dipan, P.O. Khar, P.S. Kotwa, District- East Champaran 6. Laljhania, d/o Banti Rai, w/o Fulena Rai Rai, resident of Sahebganj, P.S. Harsidhi, P,O. Machharganwa, via-Dighapur, District-East Champaran. 7. Shanti Devi, W/O Yogendra Rai, D/o Late Jevi Rai, resident of Village-Jogaulia Jamunia, P.S. Kotwa, District-East Champaran 8. Kunti Devi, W/O Ramchandra Rai, d/o Jevi Rai, resident of Village-Rajepur, P.S. Kotwa, P.O. Barharwa Kothi, District- East Champaran 9. Champa Devi, W/O Basudeo Rai 10. Khablal Rai 11. Lalbabu Rai , Minor sons of Basudeo Rai 12. Kishori Kumari, Minor daughter of Basudeo Rai (Sl.No.10 to 12-Minors through Champa Devi mother and Guardian) Sl.No.9 to 12 , residents of village Amawa, P.O.Madhopur, Madhumalat, vio –Turkaulia, P.S. Turkaulia, District-East Champaran 13. Bhagwan Rai 14. Amar Rai 15. Shambhu Rai, Sons of Banti Rai 16. Shival Rai 17. Bishwanath Rai 18. Gajadhar Rai, Sons of Ugrasen Rai 19. Sheo Kumar Rai 20. Rikhdeo Rai, Sons of Jevi Rai - 2 - 21. Ram Kali Devi W/O Motilal Rai 22. Adya Rai, Minor son of Motilal Rai, through Ramkali Devi, Mother and guardian and next friend of the minor 23. Yogendra Rai, Son of Late Raghunath Rai 24. Hardeo Rai 25. Bishshar Rai, Sons of Raghunath Rai 26. Ramhit Rai, Son of Sudama Rai 27. Fagu Rai, Son of Ramhit Rai 28. Ganesh Rai 29. Kamal Rai 30. Bachcha Rai , Minor sons of Ramhit Rai, Sl.Nos. 28 to 30, through Ramhit Rai, father and Guardian and next friend of the minors 31. Pukari Devi, W/O Ram Bihari Rai All by Caste Yadav, occupation cultivation, residents of Village-Amawa, P.S. & P.O. Turkaulia, District-East Champaran. 32. Ram Chandra Rai, Son of Vishundeo Rai, resident of Village- Bhopatpurtolar Ahiraulia, P.S. Kenoriya, District-East Champaran -- (Defendant- Respondents) ------ Respondents. ----------- 14 28-07-2009 Heard the learned counsel for the appellant who has questioned the Judgment and decree of reversion dated 17th June, 1994 passed in T.A.No.150/30 of 1989/92, whereby the Judgment and decree of Title Suit No.91 of 1978 dated 22.7.1989 and 3.8.1989 respectively have been set aside. The point raised by the learned counsel for the appellant is that the property had been purchased as benami and the learned lower appellate court had erred in not taking into consideration the evidence led by the defendants. The learned lower appellate court while reversing the finding of the trial court erroneously relied on the decision of the Hon’ble Apex Court reported in AIR 1989 SC 1247 and came to the finding that the suit - 3 - was not maintainable. In Om Prakash Vrs. Jai Prakash (AIR 1992 SC 885), the Hon’ble Apex Court observed that in view of Section 4 of the Benami Transactions (Prohibition) Act, 1988, there is total prohibition against any suit passed on benami transaction and the plaintiff-respondent is not entitled to get any decree in such suit or in appeal, the appeal being in continuation of the suit. Admittedly , the Benami Transactions(Prohibition)Act,1988 had come into force during the pendency of the Title Suit itself before the trial court and it was incumbent upon and an obligation on the part of the trial court to have considered Section 4 of the Benami Transactions ( Prohibition ) Act before deciding the suit. For the reasons stated above I find no merit in this appeal which is dismissed. NKS/- (Abhijit Sinha, J.)