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The Counter-Claim, on the averments therein, does not disclose any cause of action or entitlement of the defendant No.3/counter-claimant Ravinder Khanna to obtain a declaration of being the real and/or benami owner of the property for partition of which the suit is filed.

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Sec. 2(9) of the Prohibition of Benami Property Transactions Act, 1988—Benami transaction - The claim in the Counter-Claim is in the teeth of the bar contained in the Benami Transactions (Prohibition) Act, 1988, since known as the Prohibition of Benami Property Transactions Act, 1988. The Act, prior to its amendment and now, bars a suit, claim or action, to enforce any right in respect of any property held benami against the person in whose name the property is held or any other person, by or on behalf of a person claiming to be the real owner of such property. - VINAY KHANNA V/s KRISHNA KUMARI KHANNA - [2020] 270 TAXMAN 034 (DELHI)

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