Summarize the following court judgment. Appeal No. 1453 of 1966. Appeal from the judgment and decree dated September. 14	 1965 of the Madras High Court in Second Appeal No. 1394 of 1963. A. K. Sen	 R.M. Mehta and J.B. Dadachanji	 for. the appellant. R. Gopalakrishnan	 for the respondent. The Judgment of the Court was delivered by Sikri	 J. This appeal by certificate granted by the High Court of Madras is directed against its judgment and decree modifying the decree passed by the District Judge. The relevant facts for the determination of the points raised before us are as follows: The plaintiff	 K '. M. Viswanatha pillai	 appellant before us and hereinafter referred to as the plaintiff	 and K.M. Shanmugham Pillai	 respondent before us and hereinafter referred to as the defendant	 were originally members of a Joint Hindu Family. On June 29	 1953	 the six brothers who constituted the Joint Hindu Family entered into a partition of the properties belonging to the Joint Family	 evidenced by a registered document exhibit A 35. A motor bus MDH 662 fell to the share of the plaintiff. At the time of partition the permit was not in the name of the defendant and some proceedings for the transfer of the permit to his name were pending. Accordingly it was provided in the partition deed as follows: "As soon as its route permit and registration etc. are transferred in the name of Shanmugam Pillai	 he shall have the same transferred in the name of the 4th individual of us	 Viswanatha Pillai." In September 1953	 the permit was transferred in the name of the defendant. In April 1954	 the plaintiff purchased two more vehicles	 namely	 MDO 1106 and MDH 730	 but the permits were obtained in the name of the defendant in whose name the vehicles were also actually acquired. As the defendant was going to Kuala Lumpur on business he executed a general power of attorney	 exhibit A 55	 in favour of the plaintiff. In this power of attorney the defendant admitted that the three buses above mentioned belonged to the plaintiff and were plying in his name as requested by the plaintiff. Two more buses seem to have been acquired since then. The plaintiff 's case in brief was that the defendant was carrying on business on his behalf as a benamidar. He accordingly prayed for a declaration that the five buses alongwith the stage 898 carriage permits belonged to him and that he was entitled to run the same in terms of the power of attorney which was irrevocable. The defendant had joined with the plaintiff earlier in filing a joint application for transfer of permits before the Regional Transport Authority. The defendant	 however	 withdrew his consent and the application was rejected. The plaintiff	 accordingly	 seeks a mandatory injunction directing the defendant to execute necessary documents required to effectuate the transfer of the permits. The suit was decreed entirely by the Trial Court	 but the District Judge confirmed the decree only with reference to four of the buses. With reference to Bus No. MDU 4069 the decree was set aside. The High Court held that "the plaintiff and the defendant practiced a fraud upon the authorities	 conjointly	 in contravention of the express provision of the . The benamidar of the vehicles	 representing himself to be the owner	 falsely obtained the permits in his name	 and allowed the true owner	 who had no permit	 to conduct the actual business; there cannot be a more flagrant violation of the basic requirements of the Act	 or of its scheme. " The High Court	 accordingly	 felt that they could not possibly grant mandatory injunction compelling 'the defendant to co operate in any further application for transfer	 since that would	 in effect	 give recognition to the fraudulent contrivance and effectuate rights on the very basis of that contrivance. The High Court also agreed with the District Judge that the plaintiff could not get a declaration as far as bus No. MDU 4069 was concerned. The learned counsel for the appellant	 Mr. A.K. Sen urges 'before us that no provision of the (IV of 1939) hereinafter referred to as the Act has been contravened and that it is not necessary under the Act that a permit should be obtained only by the real owner of the bus. The relevant statutory provisions may now be noticed	 and they 'are as follows: "The Section 2. (3) "contract carriage" means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum and from one point to another without stopping to pick up or set down along the line of route passengers not included in the contract; and includes a motor cab 899 notwithstanding that the passengers may pay Separate fares." (19) "owner" means	 where the person in possession of a motor vehicle is a minor	 the guardian of such minor	 and in relation to a motor vehicle which. is the subject of a hire purchase agreement	 the person in possession of the vehicle under that agreement. " (20) "permit" means the document issued by the commission or a State. or Regional Transport Authority authorising the use of a transport vehicle as a contract carriage	 or stage carriage	 or authorising the owner as a private carrier or public carrier to use such vehicle." (22) "private carrier" means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business not being a business of providing transport	 or who uses the vehicle for any of the purposes specified in sub section (2) of section 42. (23) "public carrier" means an owner of a transport vehicle who transports or undertakes to transport goods	 or any class of goods	 for another person at any time and in any public place for hire or reward	 whether in pursuance of the terms of a contract or agreement or otherwise	 and includes any person	 body	 association or company engaged in the business of carrying the goods of persons associated with that person	 body	 association or company for the purpose of having their goods transported." Section 42(1) on which the High Court has relied reads thus: "42(1) No owner of a transport vehicle shall use or permit the use of the vehicle in any public place	 save in accordance with the. conditions of a permit granted or countersigned by a Regional or State Transport Authority or the Commission authorising the use of the vehicle in that place in the manner in which the vehicle is being used; . " This section does not	 in our view	 on the language require that the owner himself should obtain the permit; it only requires the owner that the transport vehicle shall not be used except in accordance with the conditions of the permit. The High Court would add the words "to him" after the words "permit granted"	 900 but	 in our view	 there is no justification for inserting those words. The definition of the "permit" itself shows that all permits need not be in the name of the 	owner because the latter part of the definition shows that it is only in the case of a private carrier or a public carrier that a permit has to be in the owner 's name. The same inference follows from the definitions of "private carrier" and "public carrier". This Court came to the same conclusion in Veerappa Pillai vs Raman & Raman(1). Some reliance was placed on the amendments made in section 60( 1 ) (c). The	 section as ' amended reads :	 "60 (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit (c) if the holder of the permit ceases to (own)(2) the vehicle or vehicles covered by the permit	 . There has been a conflict of opinion between the different High Courts as to the inference following that amendment. It seems to us that the High Court of Allahabad in Khalil ul Rahman Khan vs State Transport Appellate Tribunal(3) rightly gives the effect of the amendment. Srivastava, J., observed: A reference was	 however	 made to cl. (c) of sub section (1) of Section 60 of the Act and on the basis of that clause it was urged that it assumed that the permit holder should be the owner of the vehicle. That clause provides for one of the contingencies in which a permit can be cancelled. According to it	 it is permissible for the Transport Authority to cancel a permit if the holder of it ceases to own the vehicle covered by the permit. It is only a permissive clause and the Transport Authority has only been given a discretion to cancel the permit in that contingency. It may or may not cancel it	 even if the holder of the permit ceases to own the vehicle covered by it. But it is by no means necessary that el. (c) should be applicable to the case of every permit holder. There may be permit holders who own the vehicle covered by the permit and there may be permit holders who do not own the vehicle. This clause appears to apply only to t he former case and not to the latter. On its basis	 therefore	 it cannot be held to be a requirement of the (1) ; (2) Substituted by section 54 of the Motor Vehicles (Amendment) Act	 1956 (100 of 1956) for "possess" (w.e.f. 16 2 1957). A.I.R. 1963 All. 383	 388. 901 Act that in each case the person in whose favour a permit has been issued should necessarily be the owner of the vehicle covered by it. " We agree with these observations. The contrary view held in Varadarajulu Naidu vs Thavasi Nadar(x) that section 42(1 ) contemplates that only an owner will have a permit is erroneous. The decision of the Andhra High Court in Chavali Venkataswami vs Chavali Kotayya(2) that section 60(1)(c) of the Act envisages the grant of a permit to the owner alone must also. be dissented from. The learned counsel for the respondent says that at any rate the Act does not contemplate persons applying for permits benami. In India benami transactions are recognised and not frowned upon. (see Gut Narayan vs Sheolal Singh)(a). In C.I.T. Gujarat vs Abdul Rahim & Co. (4) it was held by this Court that the registration of the partnership deed under section 26A of the Indian Income Tax Act	 1922	 could not be refused on the ground that K was the benamidar of V. We see nothing in the Act which expressly or by implication bars benami transactions or persons owning buses benami and applying for permits on that basis. In the result the appeal is allowed	 the decree of the High Court set aside and the decree passed by the District Judge restored. We may mention that Mr. Sen did not press the claim regarding the fifth bus	 MDU 4069. The appellant will have half costs in this Court. The parties. will bear their own costs in the High Court. Appeal allowed.

The appellant was the owner of 5 buses. The Vehicles stood in the name of the respondent	 appellant 's benamidar	 and the stage carriage permits were also obtained in the respondent 's name. The appellant	 who was running the buses	 flied a suit claiming the buses along with their permits. It was decreed by the trial court	 and the lower appellate court confirmed the decree in respect of 4 buses. The High Court	 in further appeal	 held that the appellant and the respondent together practised fraud in contravention of as. 41(1) and 60(1)(c) of the in as much as the respondent representing himself to be the owner falsely obtained the permits in his own name	 and allowed the true owner	 who had no permit to conduct the actual business and dismissed the suit in toto. In appeal this Court	 HELD: There is nothing in the 	 which expressly or by implication bars benami transactions or persons owning buses benami and applying for permits on that basis. Section 42(1) does not require that the owner himself should obtain the permit; it only requires the owner to see that the transport vehicles shall not be used except in accordance with the conditions of the permit. The definition of 'permit ' itself shows that all permits need not be in the name of the owner because the latter part of the definition shows that it is only in the case of a private earner or a public carrier that a permit has to be in the owner 's name. The same inference follows from the definitions of 'private carrier ' and 'public carrier '. [899 H] The amended section 60(1)(c) provides for one of the contingencies in which permit can be cancelled. According to it	 it is permissible for the Transport Authority to cancel a permit if the holder of it ceases to own the vehicle covered by the permit. It is only a permissive clause and the Transport Authority has only been g/yen a discretion to cancel the permit in that contingency. It may or may not cancel it	 even if the holder of the permit ceased to own the vehicles covered by it. But it is by no means necessary that cl. (c) should be applicable to the case of every permit holder. There may be permit holders who own the vehicle covered by the permit and there may be permit holders who do not own the vehicle. This clause appears to apply only to the former case and not to the latter. [900] Veerappa Pillai vs Raman & Raman	 ; 	 followed. Khallil ul Rahman Khan vs State Transport Appellate Tribunal	 A.I.R. 1963 All. 383	 Gut Narayan vs Sheolaf Singh	 and C.I.T. Gujarat vs Abdul Rahim & Co.	 	 approved. Varadarajulu Naidu vs Thavasi Nadar	 (1963) 2 M.LJ. 20 and Chavali Venkataswami vs Chavali Kotayya	 (1959) 2 and W.R. 407	 disapproved.