2019 (1) TMI 2022

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....ellants : Mr. Mukunth for Sarvabhauman Associates. For the Respondents : Mr. T. Ravichandiran. JUDGMENT The plaintiffs are the appellants before the District Munsif Court, Ariyalur. The suit is laid for partition of the suit property that was in the name of their brother, the sole defendant in the suit. 2. The allegation in the plaint was suit property was purchased by a certain Maruth....

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....and his legal heirs contested the suit. 4. The trial Court on appreciating the evidence, has found that the deceased sole defendant could not have possessed necessary resources to purchase the property in 1956, and accordingly it held that the property is partible and passed a preliminary decree for partition. This decree was reversed by the first Appellate Court and it non-suited the plaintiff....

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.... as adopted by the trial court, and contended that it has come out in evidence that the defendant was of tender age at the relevant time, and was not shown to possess requisite resources to receive the consideration payable under Ext.B1 sale deed, and consequently, came to the conclusion and that on preponderance of probability that funds moved only from the plaintiffs for providing consideration ....

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....it, claim or action by or on behalf of a person claiming to be the real owner of such property.'' 8. Thus, with the advent of the prohibition of Benami Property Transactions Act, 1988, it is no more permissible for anyone to plead benami either in the plaint or in the written statement, unless the case falls within the exceptions provided under Section 4 of the said Act. However, if any....