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1985 Supreme(AP) 29

V.RAMASWAMI
K. Venkarayappa – Appellant
Versus
Ellen Industries, Coimbatore – Respondent


V. RAMASWAMI, J.

( 1 ) THE appellant is an objector. He filed an application under S. 21 R. 58, C. P. C. claiming that the plaint schedule property was purchased benami in the name of the wife of the 2nd respondent and the sale proceeds went from the joint family assets and therefore he has got half-share in the plaint schedule property. The lower court dismissed the application on the ground that on an earlier occasion the wife of the 2nd respondent viz. Laxmamma filed E. A. No. 331 of 1974 and that she agreed for payment of the decretal amount and sought one year time. It was granted. But the debt was not discharged. Thereafter E. P. No. 3 of 1974 was filed claiming her rights in the same in E. A. No. 188 of 1978. That was dismissed. Thereafter she filed O. S. No. 226 of 1978 and sought to obtain an injunction. In I. A. No. 381 of 1978 restraining the 1st respondent to proceed with the execution of the decree in I. P 3 of 1977 that injunction was refused. It is also stated that the petitioner did not adduce any evidence whatsoever to show that the sale consideration went from the joint family funds to purchase the property, the subject of the attachment. Therefore, it is held that




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