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    <title>2003 (7) TMI 740 - MADRAS HIGH COURT</title>
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    <description>A first appellate court must frame points for determination, decide them, and give reasons when reversing a trial decree; its failure to do so renders the judgment procedurally defective. A plea that a purchase in the name of Ganapathi Ammal was benami, or that the property was joint family property, was rejected because the essentials of benami were not proved and the statutory bar against such a plea applied. The evidence also established long, open, continuous and exclusive possession with acts of ownership, and the claimant failed to prove permissive possession or any timely assertion of title, so title by adverse possession was perfected in favour of the contesting defendants.</description>
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    <pubDate>Fri, 04 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 740 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=299340</link>
      <description>A first appellate court must frame points for determination, decide them, and give reasons when reversing a trial decree; its failure to do so renders the judgment procedurally defective. A plea that a purchase in the name of Ganapathi Ammal was benami, or that the property was joint family property, was rejected because the essentials of benami were not proved and the statutory bar against such a plea applied. The evidence also established long, open, continuous and exclusive possession with acts of ownership, and the claimant failed to prove permissive possession or any timely assertion of title, so title by adverse possession was perfected in favour of the contesting defendants.</description>
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      <pubDate>Fri, 04 Jul 2003 00:00:00 +0530</pubDate>
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