9911796707
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Issues Involved:
1. Title to the suit property. 2. Benami transaction claim. 3. Joint family property claim. 4. Adverse possession claim. 5. Compliance with Order 41 Rule 31 C.P.C. by the lower appellate court. Issue-Wise Detailed Analysis: 1. Title to the Suit Property: The plaintiff claimed title to the suit property through a release deed and inheritance from his grandmother, Ganapathi Ammal. The contesting defendants argued that the property was ancestral and had been in their possession since 1918. The trial court ruled in favor of the plaintiff, but the first appellate court overturned this decision, stating that neither party had satisfactorily proven their case. 2. Benami Transaction Claim: The defendants contended that the property was purchased in Ganapathi Ammal's name by Neerathalinga Achari as a benami transaction to protect it from potential claims. The court noted that under the Benami Transactions (Prohibition) Act, 1988, such a plea is prohibited. Therefore, the court concluded that Ganapathi Ammal was the absolute owner of the property from 13.12.1918. 3. Joint Family Property Claim: The defendants argued that the property, though purchased in Ganapathi Ammal's name, was treated as joint family property. The court referred to the Supreme Court's ruling in Pushpa Devi v. Commissioner of Income Tax, which states that a Hindu female cannot blend her separate property with joint family property. Thus, the court rejected the defendants' claim that the property lost its character as Ganapathi Ammal's self-acquisition. 4. Adverse Possession Claim: The defendants claimed they had perfected title to the property through adverse possession, having been in continuous, open, and hostile possession for over 45 years. The court examined evidence, including tax payments and possession records, and found that the defendants had indeed been in possession since at least 1947. The court concluded that the defendants had acquired title by adverse possession, extinguishing any title the plaintiff might have had. 5. Compliance with Order 41 Rule 31 C.P.C.: The plaintiff argued that the first appellate court failed to comply with Order 41 Rule 31 C.P.C., which requires the judgment to state points for determination, decisions thereon, and reasons for the decisions. The court agreed that the first appellate court did not follow these mandatory provisions, but noted that this alone does not automatically restore the trial court's decree. The court reassessed the evidence and upheld the trial court's findings on adverse possession. Conclusion: The High Court dismissed the appeal, affirming that the contesting defendants had perfected title to the suit property through adverse possession. The court directed the parties to bear their respective costs throughout.
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