Lateef Qureshi And Others Vs Ajeem Qureshi And Others (Madhya Pradesh High Court)
Summary: The Madhya Pradesh High Court at Jabalpur, in Lateef Qureshi and Others Versus Ajeem Qureshi and Others, considered whether a civil suit concerning properties purchased by a father in the names of his minor sons in 1968 and 1972 was barred by Section 4 of the Prohibition of Benami Property Transactions Act, 1988.
The revision petition under Section 115 of the Code of Civil Procedure challenged the Trial Court’s order dated 25 September 2025, by which the defendants’ application seeking rejection of the plaint had been dismissed. The Trial Court had held that the suit was not barred under the 1988 Act, taking into account the amended definition of “benami transaction” under Section 2(9).
The plaintiffs and defendants were members of the same family. According to the plaint, the father of defendants Nos. 9 and 10 had purchased the suit property in their names through two sale deeds, first in 1968 and again in 1972. At that time, the plaintiffs and defendants Nos. 11 and 12 had not been born. The defendants sought rejection of the plaint under Order VII Rule 11 CPC on the ground that the suit was barred by Section 4 of the 1988 Act.
