TaxTMI 
TaxTMI 
2023 (8) TMI 493
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....sodha as his first wife and she died in the year 1979. Thereafter, the plaintiff married one Smt.Vijayalakshmi and subsequently divorced her in the year 1985. After divorce, the 1st defendant / Smt.Kalavathi joined with the plaintiff in the year 1986 and they lived jointly as husband and wife. Two sons namely Kalaiarasan and Thellamuthan were born to them. The plaintiff was a retired Government servant. Since he was working in the Government Department at that time of purchase of the suit properties, he purchased the properties in the name of 1st defendant under the sale deeds dated 09.11.1994 and 24.10.1994. The properties were purchased in the name of the 1st defendant for the sentimental reasons. The consideration had been paid by the pl....
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....aintiff to assist the defendant in purchasing the properties. By denying all the plaint averments in the Suit, the defendant sought for dismissal of the Suit instituted by the plaintiff. 5. The 2nd defendant filed a written statement separately by stating that she had purchased the property in the Suit Item No.1 from the 1st defendant after verifying the documents. The 2nd defendant had no knowledge about the disputes between the plaintiff and the 1st defendant. The 2nd defendant is the bona fide purchaser of the property for valuable consideration and further the Suit is hit by the provisions of the Benami Transactions (Prohibition) Act. The 2nd defendant is in peaceful possession and enjoyment of the suit schedule property Item No.1 an....
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....ions (Prohibition) Act. However, in this regard, burden lies on the plaintiff to prove his case. No independent witness was examined. The plaintiff has chosen to file the original title deeds Ex.A1 relating to Item No.1. Mere possession of the document by the plaintiff / husband does not create any inference about the title of the property, which admittedly stand in the name of the 1st defendant. 10. Admittedly, the plaintiff was a Government servant. He retired as a Manager in the Block Development Office. The 1st defendant was a temporary employee, who worked as typist in the office in which the plaintiff served as a Manager. Subsequently, the plaintiff married the 1st defendant and the said facts are admitted by the DW1 in her evidenc....
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....etween them regarding their matrimonial issues, admittedly, the suit schedule property stands in the name of the 1st defendant and that being the factum established, the Trial Court made a finding that even if the property was purchased from and out of the funds of the plaintiff, it was purchased for the benefit of the 1st defendant / wife. 13. Taking note of the facts and circumstances and considering the documents and evidences, the Trial Court arrived at a conclusion that the property was purchased by the plaintiff in the name of his wife / 1st defendant and it was purchased for her benefits. 14. During the pendency of the Suit the 2nd defendant purchased the suit property Item No.1 dated 15.05.2013. The suit was pending from the y....