It is further evident that the said Panna Lal Gour has released the suit property in favour of the plaintiff by executing a registered deed of relinquishment in his favour which is mentioned in the relevant record registered at Registrar of Assurances at Kolkata and after such relinquishment of the release, the plaintiff has become absolute owner of the entire properties and continued the lawful possession. The said Panna Lal Gour has admitted and accepted the facts of the ownership and possession of the plaintiff and therefore, it is not an admission on the part of the plaintiff that the property in question is a Benamdar rather in the written statement, the stand has been taken by the petitioner in the capacity of the defendant, wherein it is evident that the applicability of Benami Transaction has not been pleaded in the written statement, therefore, the ground and the stand raised by the petitioner in the petition filed under Order 7 Rule 11 (1) (d) of the C.P.C., since it is not available in the written statement rather it is the ground taken for rejection of the plaint.
