Legal Question in Real Estate Law in India

I filed suit for possession against my parents.I am out of possession.I am regd. owner of the property.The defendant filed written statement alleging that I am Benamidar for father (real owner) as the whole of the sales consideration was paid by father and I was a student dependent on father at the appropriate time.

I raised objection to the plea of Benami under the Benami Act 1988.Issue was made "WHETHER THE DEFENCE RAISED IS HIT BY SEC.4 of Benami Act 1988".

The issue was decided agains me.It was proved that the consideration was paid by my father.It is held by the trial and appelliate courts that "since the plaintiff has filed suit for possession then admitedly he is out of possession of the suit property.On the express language of section 4 of the Benami Act 1988 it is necessary that the benamidar must be in possession of the suit property before the bar of Benami Act could be applicable.Since admitedly Plaintiff-Benamidar is out of possession then sec.4 of the Act will not have any implication.AIR 1989 KERALA 317(Applied) "

Is this the correct interpretation of law?

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