9911796707
TMI Blog2022 (1) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... through Ex.A7 on 26.08.2013, subsequent to the filing of the suit. In which the appellant has claimed share in the suit property, thereby appellant admitted that his father is the owner of the property. There is absolutely no evidence produced by the appellant to show that he contributed the money for the purchase of the suit property in his father's name and therefore, this Court finds no reason to interfere with the findings of the Courts below that the Appellant has failed to establish that he contributed money for the purchase of the suit property in his father's name. Appellant submitted that the appellant is in possession and enjoyment of the property and that is admitted by the 1st Respondent. Even in the written stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purchased the suit property in his father's name on 29.05.2000. Though he contributed money for the purchase of the suit property, his father being elder member of the family, the property was purchased in his name. He is in possession and enjoyment of the suit property from the date of purchase. Without the knowledge of the Plaintiff, the 1st Defendant had executed settlement deed dated 20.06.2011. The 1st Defendant has no right to execute the settlement deed and therefore, the Suit was filed. 4.The 3rd Defendant/1st Respondent has filed a written statement and totally denied the case of the Plaintiff. It is the case of the 3rd Defendant that the suit property was purchased by the 1st Defendant from his earning. There was a partit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /Plaintiff is not entitled for any of the reliefs claimed and dismissed the Suit with costs. Challenging the said judgment and decree of the trial Court, the Appellant has preferred an Appeal in A.S.No.3 of 2019 on the file of the Subordinate Judge, Kangayam. Learned Subordinate Judge on hearing the submissions of the learned counsel appearing on behalf of the parties and after going through the oral and documentary evidence produced in the case found no reason to differ with the judgment of the learned trial Judge and dismissed the Appeal. Therefore the Second Appeal. 7.Heard the learned counsel for the Appellant and perused the records. 8.It is the submission of the learned counsel for the Appellant that when the property was purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 988 read as hereunder: 3. Prohibition of benami transactions: (1) No person shall enter into any benami transaction. * * * * * 3 [(2)] Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 4 [(3) Whoever enters into any benami transaction on and after the date of commencement of the Benami Transactions (Prohibition) Amendment Act, 2016 (43 of 2016) shall, notwithstanding anything contained in sub-section (2), be punishable in accordance with the provisions contained in Chaper VII] 5 * * * * * * * * 4. Prohibition of the right to recover property held benami : (1) No suit, claim or action to enforce any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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