Judgement

Appeal (No. 8 of 1924) from a decree (August 15, 1921) of the High Court in its appellate jurisdiction reversing a decree (August 31, 1920) of the Court in its original civil jurisdiction.

The appeal related to the ownership of two houses in Madras, which in 1909 had been purchased by one Chockalingam, the father of the respondent, in the name of his wife Lakshmi Ammal. Chockalingam had been declared an insolvent and his property vested in the Official Assignee.

The suit was brought on behalf of the respondent, a minor, against the Official Assignee and creditors of Chockalingam, it being claimed by the plaint that the houses were the stridhan property of Lakshmi Ammal and that upon her death they devolved upon the respondent.

It was contended that at the time of his marriage in 1900 Chockalingam orally agreed to settle some house property upon his wife, and that the houses in suit had been bought in pursuance of that agreement.

The trial judge (Phillips J.) found against the alleged oral agreement, and held that the purchase was a benami transaction. He accordingly dismissed the suit.

Upon appeal the decree was set aside and a decree made declaring that the houses had ve