9911796707
TMI Blog2023 (8) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... as purchased for her benefits - HELD THAT:- The suit was instituted for declaration and permanent injunction. Though the plaintiff was in possession of the Suit property the Trial Court found that the plaintiff purchased the property for the benefit of the 1st defendant, who is none other than his wife and from out of their relationship two sons were born and at a later point of time there was a dispute between the plaintiff and the 1st defendant and subsequently, the 1st defendant lived separately. Admittedly, the suit property was purchased in the name of the 1st defendant and the sale deed was marked as Ex.A1 and Patta was marked as Ex.A2, which also stand in the name of the 1st defendant. The transaction and execution of sale deed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment 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 plaintiff out of his personal saving and Provident Fund alone. The plaintiff is enjoying the property as of now. 3. On 06.05.2009, the plaintiff mortgaged a portion of Item No.2 to one Karpagam to meet out the family expenses. Similarly, he mortgaged another portion of Item No.2 to Thiru.Murthy for Rs. 2,00,000/-. Though the plaintiff and the 1st defendant lived together till April 2009, there was difference of opinion between the pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aintiff 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 and thus, the Suit is to be dismissed. 6. Based on the pleadings between the parties, the Trial Court made the following issues: (1)Whether the plaintiff is the absolute owner of the suit property in consequence that the defendant, her men and agents are to be restrained from in any way interfering with the plaintiff's peaceful possession and enjoyment of the suit property? (2)To what relief is the plaintiff entitled for? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 evidence. The DW1 in her deposition admitted that plaintiff married the defendant as third wife and her father had not given any consent for the said marriage. The plaintiff had married twice before the solemnisation of the marriage of the 1st defendant with the plaintiff in the year 1986. 11. The Trial Court considered the deposition of DW1 and found that after her marriage with the plaintiff, she had not gone for work and thus, drew an inference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 year 2009. Thus, it was hit by Doctrine of lis pendens . The 2nd defendant purchased the property without the original title deeds. Getting a sale deed without pursuing the original sale deed, which is in the possession of the plaintiff and filing it in the Court, would show that the 2nd defendant is not a bona fide purchaser. Thus, the Trial Court held an additional issue against the 2nd defendant. 15. The suit was instituted for declara ..... X X X X Extracts X X X X X X X X Extracts X X X X
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