ZENATH vs ISMAIL ABUBAKKAR

2026:MHC:4534
CRP.No.1879 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On:
Delivered on:
04-11-2026
12-11-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
C ivil R evision P etition No.1879 of 2024
& CMP.No.9864 of 2024

CNR:{HCMA010723522024}
Zenath
W/o.Ismail Abubakkar,
65, K.P.R.Nagar,
Kachirayapalayam Road,
Kallakurichi, Kallakurichi
District.
...Petitioner
Vs
1. Ismail Abubakkar
S/o.Sheik Ismail,
65, K.P.R. Nagar,
Kachirayapalayam Road,
Kallakurichi, Kallkurichi
District.
2. Guljarbi
W/o.Mamooth, 28/55,
K.Mamandhal Road,
Kallakurichi, Kallakurichi
District.
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2026:MHC:4534
CRP.No.1879 of 2024
3. Sabeera
W/o.Mohammed Ismail,
55, K.Mamandhal Road,
Kallkurichi, Kallakurichi
District.
4. The District Registrar
O/o the District Registrar,
Kallakurichi, Kallakurichi
District.
...Respondents
PETITION under Article 227 of The Constitution of India against
the fair and decretal order dated 04.3.2024 made in I.A.No. 308 of
2023 in O.S.No.38 of 2021 on the file of the Additional District Court,
Kallakurichi.
For Petitioner: Mr.N.Manoharan
For Respondents: Mr.Siddarth Sridhar for
Mr.R.Bharathkumar for R1
R2 & R3: Not ready in Notice
Mrs.D.Chitra Maragatham, GA
for R4
RDER O
This civil revision petition has been filed under Article 227 of
The Constitution of India against the fair and decretal order dated
04.3.2024 made in I.A.No.308 of 2023 in O.S.No.38 of 2021 on the
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2026:MHC:4534
CRP.No.1879 of 2024
file of the Additional District Court, Kallakurichi (for short, the Court
below) wherein the application filed by the petitioner/D1 under Order
VII Rule 11 of the Civil Procedure Code (CPC) seeking for rejection of
plaint, came to be dismissed.
2. Though the revision has been filed under Article 227
of The Constitution of India, it is converted into one under
Section 115 of the CPC.
3. Heard the learned counsel on either side.
4. This Court has carefully considered the submissions of the
learned counsel on either side and perused the materials available
on record and more particularly the impugned order.
5. The first respondent/plaintiff filed the said suit against the
petitioner/D1, respondents 2 and 3/D2 & D3 and the fourth
respondent/D4.
6. The cause of action given for filing the said suit was that the
first respondent/plaintiff was working abroad and was sending
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2026:MHC:4534
CRP.No.1879 of 2024
money to the petitioner/D1, who was his second wife; that utilizing
this money, all the three items of the suit properties were purchased
in the name of the petitioner/D1, which were benami transactions
not intended for her benefit; and that taking advantage of the same,
item Nos.1 and 2 of the suit properties were settled by the
petitioner/D1 in favour of respondents 2 and 3/D2 & D3 vide gift
settlement deed dated 14.10.2019. Therefore, the first respondent/
plaintiff sought for declaration of his title in respect of the suit
properties, for permanent injunction and to declare the said gift
settlement deed dated 14.10.2019 executed by the petitioner/ D1 in
favour of respondents 2 & 3/D2 & D3 in respect of item Nos.1 and 2
of the suit properties as null and void.
7. In the said suit, the petitioner/D1 filed the said application
seeking to reject the plaint mainly on the ground that the plaint
averments were hit by Section 3(1) read with Section 4(1) of the
Benami Transactions (Prohibition) Act, 1988 (for short, the Act).
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2026:MHC:4534
CRP.No.1879 of 2024
8. However, by the impugned order, the Court below, while
dealing with the grounds raised by the petitioner/D1, came to the
conclusion that the issue raised by her would require consideration
of evidence and that the same could not be decided in the said
application filed for rejection of the plaint. Aggrieved by that, the
above revision has been filed before this Court.
9. Learned counsel for the petitioner/D1 submitted that in the
plaint, a specific averment has been made by the first respondent/
plaintiff to the effect that money was sent by him to the petitioner/
D1 out of love and affection; that with that money, the petitioner/ D1
purchased the suit properties in her name; that there was absolutely
no indication in the plaint that the suit properties purchased in the
name of the petitioner/D1 were not intended for her benefit; and
that in view of the same, the exception provided under Section 3(2)
of the Act would not apply since the first respondent/plaintiff had not
pleaded that the suit properties were not purchased for the benefit
of the petitioner/D1.
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2026:MHC:4534
CRP.No.1879 of 2024
10. In other words, it was contended on the side of the
petitioner that if an immovable property was bought in the name of
the wife for her benefit, the husband would not be entitled to
recover the property held by his wife.
11. In order to substantiate his submissions, the learned
counsel for the petitioner/D1 relied upon the following judgments :
(a) of a learned Single Judge of this
Court in Shanthi (a) Shanthi Sathya Vs.
M.Masanam [reported in 2015 (3) CTC
316] ;
(b) of the Hon’ble Apex Court in Nand
Kishore Mehra Vs. Sushila Mehra
[reported in 1995 (4) SCC 572]; and
(c) of the Hon’ble Apex Court in
Mangathai Ammal (died) through legal
representatives Vs. Rajeswari [reported
in 2020 (17) SCC 496].
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2026:MHC:4534
CRP.No.1879 of 2024
12. Per contra, the learned counsel for the first respondent/
plaintiff submitted that the portions of the plaint could not be read to
interpret as if the money was sent to the petitioner/D1 out of love
and affection and that it had to be read as a whole, which would
clearly show that the suit properties were purchased only for the
benefit of the first respondent/plaintiff and not for the benefit of the
petitioner/D1.
13. In order to substantiate his submissions, the learned
counsel for the first respondent/plaintiff relied upon the judgment in
Shaifali Gupta Vs. Vidya Devi Gupta [S.L.P.(Civil) No.4673 of
2023 dated 20.5.2025] .
14. The issue as to whether the transaction in question was or
was not for the benefit of the petitioner/D1 is a question of fact,
which can be decided only after a full-fledged trial. Therefore, the
only consideration for this Court is to see if a reading of the
averments made in the plaint brings this case within the provisions
of Section 3(1) read with Section 4(1) of the Act.
15. The first respondent/plaintiff pleaded in paragraph 3 as
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2026:MHC:4534
CRP.No.1879 of 2024
follows:
“3……………
thjpapd; 2k; kidtpahd 1k;
gpujpthjpf;F mtuJ ngw;Nwhh;fs;
tPl;by; vt;tpj nrhj;Jf;fSk; fpilahJ.
kw;Wk; Nkw;fz;l 1k; gpujpthjpf;nfd
vt;tpj jdpg;gl;l tUthAk; fpilahJ. thjp 1k;
gpujpthjpia 2k; jpUkzk; nra;J
nfhz;ljd; mbg;gilapy; 1k;
gpujpthjpapd; ngahpy; itj;jpUe;j
md;gpdhYk;> ghrj;jpdhYk;> ek;gpf;if -
apdhYk; thjp ntspehl;by; jhd;
f~;lg;gl;L cioj;J rk;ghjpj;j tUtha;
KOtijAk; thjp 1k; gpujpthjpf;F
Nkw;fz;l 1k;-gpujpthjpapd; tq;fp
fzf;fpw;F gzk; mDg;gpAs;shh;. mJ jtpu
thjp Vw;fdNt jdf;F ghj;jpakha; mtuJ
nrhe;j Cuhd rq;fuhGuk; tl;lk;>
Nky; rpWt@h ; fpuhkk; kw;Wk; mjd;
mz;il fpuhkq;fspy; mth; jd; Ra
tUthiaf; nfhz;L> rk;ghjpj;J fpiuak;
ngw;wpUe;j kjpg;Gkpf;f nrhj;Jf;fis ntsp
egh;fSf;F tpw;W mjd;%yk; fpilj;j
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2026:MHC:4534
CRP.No.1879 of 2024
njhifiaAk; jdJ 2tJ kidtpahd 1k;
gpujpthjpaplk; nfhLj;J itj;jpUe;jhh;. ”
16. At paragraph 4 of the plaint, it was pleaded as follows:
“4. mt;tifapy; thjp jdJ fLikahd
ciog;gpdhy; fpilj;j tUtha; KOtijAk;
jdJ 2tJ kidtpahd 1k; gpujpthjp
ngahpy; itj;jpUe;j md;gpdhYk;>
ghrj;jpdhYk;> ek;gpf;ifapdhYk; jhth
nrhj;Jf;fis 1k; gpujpthjp ngahpy;
fpiuak; thq;fp itj;jhh;. ”
17. At paragraphs 6 to 9 of the plaint, it was pleaded as
follows:
“6. gpd;dpl;L jhth 1tJ mapl;l nrhj;ij
thjpf;fhf 1k; gpujpthjp thjpapd;
nrhe;j ciog;gpd; %yk;
ntspehl;by; ,Ue;J tq;fp %yk; mDg;gpa
gzj;ij itj;J> jhth 1tJ mapl;l nrhj;ij i~ jdJ
cld;gpwe;j rNfhjhpahd 2k;
gpujpthjpaplk; ,Ue;J thjpAila eyDf;fhf
thjpapd; vjph;fhyj;jpw;fhf thjpapd;
rk;kjj;Jld; thjpapd; ,uz;lhk; kidtpahd
1k; gpujpthjp ngahpy; mehkNjakhf
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2026:MHC:4534
CRP.No.1879 of 2024
( benami transaction vd;w mbg;gilapy;)
fle;j 10.12.2010y; xU gjpT nra;ag;gl;l
fpiuag; gj;jpuj;jpd;gb Mtz vz;.5424 / 10
d; %yk; fpiuak; ngwg;gl;lJ. mt;tifapy;
i~ jhth 1tJ mapl;l nrhj;ij thjp jdJ ,uz;lhtJ
kidtpahd 1k; gpujpthjp ngahpy; benami
transaction vd;w mbg;gilapy; fpiuak;
ngw;Ws;shh;. i~ fpiuaj;jpw;F gpd;dpl;L
jhth 1tJ mapl;l nrhj;jpy; thjp
jdJ ,uz;lhtJ kidtpahd 1k; gpujpthjpf;F
mDg;gpa ngUe;njhifiaf; nfhz;L 1k;
gpujpthjp gy ,yl;rq;fs; nryT nra;J nkj;ij
tPL fl;bAs;shh;. i~ nkj;ij tPL fl;Ltjw;Fk;
cz;lhd midj;J nryTfSf;fhd njhif KOtJk;
thjpahy; 1k; gpujpthjpf;F
nfhLf;fg;gl;ljhFk;. Mf jhth 1tJ mapl;l
nrhj;J vt;tifapYk; thjpapd; ,uz;lhtJ
kidtpahd 1k; gpujpthjpf;F rl;lg;gb
jdpg;gl;l Kiwapy; fpiua ghj;jpag;gl;l
nrhj;J MfhJ.
7. gpd;dpl;L jhth 2tJ mapl;l nrhj;J
Mjpapy; fs;sf;Fwpr;rp tpshe;jhq;fiy
Nrh;e;j gukrptf;fTz;lh; tifawhtpw;F
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2026:MHC:4534
CRP.No.1879 of 2024
ghj;jpag;gl;L Nkw;gbahhplkpUe;J
fs;sf;Fwpr;rp f.khkdee;jiy Nrh;e;j
n[auhkd; vd;gtUf;F fle;j 22.3.2000 y;
xU gjpT nra;ag;gl;l fpiuag;gj;jpuk; Mtz
vz;. 483 / 2000-d; %yk; fpiuak;
nfhLj;Js;shh;. mjd; gpd;dpl;L i~
n[auhkdplkpUe;J ghz;Luq;fd; vd;gth;
fle;j 12.3.2007-y; xU gjpT nra;ag;gl;l
/
fpiuag;gj;jpuk; Mtz vz;.670 2007d;
%yk; fpiuak; ngw;Ws;shh;. gpd;dpl;L
i~ ghz;Luq;fd; N~f;nkha;jpd;
tifawhtpw;F fle;j 28.10.2009-y; xU gjpT
nra;ag;gl;l fpiuag; gj;jpug;gb Mtz
vz;.4180 / 2009-d; %yk; fpiuak;
nfhLj;Js;shh;. mjd; gpd;dpl;L jhth 2tJ
mapl;l nrhj;jpy; i~ N~f;nkha;jpd;
RCC
tifawh xU nkj;ij tPL fl;b mDgtpj;J
te;J> gpd;dpl;L mthplkpUe;J thjpapd;
,uz;lhtJ kidtpahd 1k; gpujpthjp fle;j
30.8.2011-y; xU gjpT nra;ag;gl;l
fpiuag;gj;jpuk; %yk; Mtz
/
vz;.3195 2011d; gb thjpapd; nrhe;j
ciog;gpd; %yk; ntspehl;by; ,Ue;J tq;fp
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2026:MHC:4534
CRP.No.1879 of 2024
%yk; mDg;gpa gzj;ijf;nfhz;L
thjpapd; ,uz;lhtJ kidtpahd 1k;
gpujpthjp jdJ ngahpy; jhth 2tJ mapl;l
(benami
nrhj;ij mehkNja khw;wk;
transaction ) vd;w mbg;gilapy; fpiuak;
ngw;Ws;shh;. Mdhy; i~ 2tJ mapl;l
nrhj;Jk; ehsJ tiu thjpapd; mDgtj;jpy;
jhd; ,Ue;JtUfpwJ.
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2026:MHC:4534
CRP.No.1879 of 2024
8. mNjNghy; jhth 3tJ mapl;l
nrhj;jhdJ Mjpapy; fhjh; rhaG kidtp
mkpjhgp vd;gtUf;F 23.3.2011-y; mtuJ
kfd;fs; kw;Wk; kfs;fs; vOjpf;nfhLj;Js;s
jhdnrl;by;nkz;l; gj;jpug;gb ghj;jpag;gl;L
Nkw;gbahhplkpUe;J thjp jdJ nrhe;j
ciog;gpd; %yk; ntspehl;by; ,Ue;J mtuJ
,uz;lhtJ kidtpahd 1k; gpujpthjpf;F tq;fp
%yk; mDg;gpa gzj;ijf;nfhz;Lk;> thjp
jdJ Vw;fdNt ghj;jpag;gl;l jdJ nrhe;j
fpuhkj;jpypUe;j nrhj;Jf;fis tpw;W mjd;
%yk; fpilj;j njhifiaf; nfhz;Lk; 1k;
gpujpthjpapd; ngahpNyNa fle;j
28.2.2012-y; xU gjpT nra;ag;gl;l
fpiuag; gj;jpuj;jpd;gb Mtz
vz;.351 / 2012-d; %yk; fpiuak;
ngwg;gl;lJ. i~ jhth 3tJ mapl;l nrhj;Jk;
fpiuak; ngwg;gl;lJk; mehkNja khw;wk;
( benami transaction ) vd;w mbg;gilapy;
fpiuak; ngwg;gl;ljhFk;.
9. Mf jhth 1 Kjy; 3 mapl;l
nrhj;Jf;fs; ahTk; mehkNja khw;wk;
( benami transaction ) vd;w mbg;gilapy; 1k;
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2026:MHC:4534
CRP.No.1879 of 2024
gpujpthjp ngahpy; fpiuak;
ngwg;gl;L ,Ue;jhYk; Nkw;fz;l
nrhj;Jf;fs; midj;Jk; thjpf;Nf rh;t Rje;jpu
”
ghj;jpaKk;> mDgtkhdjhFk;.
18. The learned counsel for the petitioner/D1 heavily relied
upon the term ‘love and affection’ pleaded in the plaint and
submitted that if the money has been sent to her out of love and
affection and if the properties have been purchased by the
petitioner/D1 out of that money, obviously it would be only for the
benefit of the petitioner/D1 and not otherwise.
19. It is true that the first respondent/plaintiff used the term
‘love and affection’ at paragraphs 3 and 4 of the plaint and stated
that the first respondent/plaintiff had sent the money earned by him
to the petitioner/D1 out of love and affection and that the petitioner/
D1 purchased the suit properties in her name. However, it had also
been pleaded that the suit properties were purchased for the benefit
of the first respondent/plaintiff and it was meant for the absolute
possession and enjoyment of the first respondent/plaintiff.
20. The judgments that have been relied upon by the learned
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2026:MHC:4534
CRP.No.1879 of 2024
counsel for the petitioner/D1 were all cases where the concerned
Court had the benefit of appreciating the evidence and had come to
the conclusion that the properties involved therein were purchased
for the benefit of the wife and that therefore, the husband would not
be able to claim title over the same by relying upon the exception. In
other words, the scope of Section 3 of the Act was made applicable
to the facts and the evidence collected in those cases and a finding
was rendered. The law, as enunciated in those judgments, can be
understood and applied in the present case only to the extent of
seeing if the reading of the averments made in the plaint would
show that the suit properties were purchased in the name of the
petitioner/D1 for her benefit. If the Court below is not able to come
to such a conclusive decision, the parties will have to necessarily go
for trial.
21. The learned counsel for the petitioner/D1 also relied upon
the judgment of a learned Single Judge of this Court in
G.S.Balasubramaniam Vs. Rathinam @ Rathinammal
(Died) [A.S.No.726 of 2023 dated 19.9.2025] and submitted
that the moment the money was sent out of love and affection and
the suit properties were purchased by the petitioner/D1, the bar
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2026:MHC:4534
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under the Act will start operating.
22. Once again, the said judgment dated 19.9.2025 was also
based on the facts of that case and on appreciation of the evidence
and the same cannot be, straight away, applied to the present case
since this Court has a very limited scope while deciding the
application for rejection of the plaint. The Court below properly
appreciated the averments made in the plaint and concluded that
the matter would require recording of evidence to decide as to
whether the claim made by the first respondent/plaintiff is barred by
the provisions of the Act. The issue as to whether the properties
involved are benami transactions or they fall under the exception is
an issue, which can be decided only based on the evidence and not
simply based on the averments contained in the plaint.
23. The Court below also relied upon some of the judgments to
support its reasoning. The finding of the Trial Court does suffer from
any perversity warranting the interference of this Court.
24. Hence, the above civil revision petition is dismissed and the
impugned order dated 04.3.2024 made in I.A.No.308 of 2023 in
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2026:MHC:4534
CRP.No.1879 of 2024
O.S.No.38 of 2021 on the file of the Additional District Court,
Kallakurichi is sustained. It is left open to the Court below to decide
the issue on its own merits and in accordance with law after
recording the evidence let in by both sides. The prima facie findings
rendered while passing the impugned order in the said application
as well as the observations made in this order will not have any
bearing when the Court below deals with the merits of the suit.
There shall be a direction to the Additional District Court, Kallakurichi
to dispose of the suit within a period of six months from the date of
receipt of a copy of this order. No costs. Consequently, the
connected CMP is also dismissed.

12-11-2026
Index: Yes
Speaking order
Neutral Citation: Yes
To
The Additional District Court,
Kallakurichi.
RS
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2026:MHC:4534
CRP.No.1879 of 2024
N.ANAND VENKATESH,J
RS

CRP.No.1879 of 2024&
CMP.No.9864 of 2024
12-11-2026
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