9911796707
TMI Blog2017 (1) TMI 1814X X X X Extracts X X X X X X X X Extracts X X X X ..... e year 1979. Thereafter, he married one Vijayalakshmi and Subsequently divorced her in the year 1985. After divorce the first defendant 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 at the time of purchase of the suit properties, he purchased the same in the name of the first defendant under the Sale Deeds dated 9.11.1994 and 24.10.1994. The properties were purchased in the name of the first defendant for the sentimental reasons. The consideration has been paid by the plaintiff out of his personal savings, Provident Fund alone. Though the properties were purchased in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rst defendant is false. This defendant purchased the property with the financial help from her mother and her sister. The plaintiff had not contributed any money for purchasing the property. There was no necessity for the plaintiff to assist the defendant in purchasing the property. The plaintiff has to prove all the allegations made. The plaintiff gradually developed hatred and suspect the fidelity and started ill treating the defendant and her children. The plaintiff started to encumber the property without any right. There is no cause of action for the suit. Even if we assume that the property was purchased by the plaintiff in the name of defendant it has to be presumed that it is for the benefit of this defendant and her two children. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiff, he had purchased the property in the name of the first defendant. On the other hand, in the Written Statement, it has been alleged that the first defendant purchased the properties out of her own funds, she borrowed money from her parents and sisters. Now the plaintiff filed the suit for declaration of title contrary to the documents of title. So the entire burden is upon the plaintiff to prove that he had purchased the property in the name of the plaintiff. Purchasing the property in the name of the wife and daughter is not covered under the Benami Transaction Prohibition Act. However even in the plaint the plaintiff was reluctant to describe that the first defendant as his wife. Whatever it is the burden is upon the plaintiff to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering that portion of the evidence and in the absence of any documents to show the receipt of money from her parents, this Court has no option except to hold that the first defendant had no sufficient source to purchase the property. Considering the contribution of the plaintiff to purchase the property Ex.A14 passbook was filed by the plaintiff, on the date of Ex A3 24.10.1994 a sum of Rs 27,000 was withdrawn from the plaintiff's savings account through the witness in EX A3 namely Anbumani. Considering all those circumstances this Court finds there are chances of purchasing the property by the plaintiff in the name of the first defendant. 10. Though it appears that the property has been purchased by the plaintiff in the name o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued that in this case the plaintiff established that the property was purchased by him and thus he is entitled to the Decree for declaration of title and in consequence of Injunction. 12. Firstly the decisions reported in 1974 1 SCC 3 and AIR 1971 Madras 370 are prior to the enactment of Benami Transaction (Prohibition Act) of 1988. Similarly, another decision cited in 2000 (3) CTC 473 deals with the burden of proof. That case is also related to a sale prior to the Benami Transaction (Prohibition) Act1988. One more decision reported in 2004 7 SCC 233 was relied upon by the learned Counsel for the Plaintiff, it also deals with the burden of proof. That case is also prior to the Benami Transaction (Prohibition) Act and thus this Court is of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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