I want to know.

I want to simply know whether a Benamidar can get the possession of the house(under Benami act 1988) which is NOT in Benamidar's possession ( the possession being with the REAL OWNER who has actually spent his own money for the purchase). SEC. 4 of the BENAMI ACT 1988 clearly requires that the Benamidar must be in possession of the benami property if the Benamidar has to succeed otherwise NOT. This has been clearly upheld in many judjments