#Licensee Status

Allahabad High Court rules that Section 4 of the Benami Transactions Act, 1988, operates retrospectively, barring the real owner from claiming defense in suits filed after 1988, even if the transaction predates the law. The judgment upholds concurrent findings on ownership and licensee status, reinforcing the prohibition on benami defenses in post-enactment disputes.

The Bombay High Court affirmed that a defendant’s licensee status cannot be overturned merely because a title suit is pending, where concurrent findings are supported by judicial admissions and no cross-examination was attempted. This reinforces that revisional jurisdiction under Section 115 CPC cannot be used to reappreciate evidence, protecting licensees from speculative title challenges in summary proceedings.