Partition–Decree of–Reversed by the High Court in the second appeal with holding that the suit was not maintainable in view of the provisions of Sec. 4(1) of Benami Transactions (Prohibition) Act, 1988–Respondent had not raised such plea before the Trial Court–His specific case was that he was the absolute owner of the property–Trial Court was not under the obligation to frame the issue–High Court committed a fundamental error in framing the substantial question of law–Suit property is joint family property and respondent had sold his 1/3 share in favour of other brothers–Impugned judgment passed by the High Court is liable to be set aside.
