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1999 Supreme(Ker) 328

P.K.BALASUBRAMANYAN, K.A.MOHAMMED SHAFI
Sukumaran – Appellant
Versus
Gangadharan – Respondent


Judgment :-

P.K. Balasubramanyan, J.

These revisions are by three judgment debtors against the common decree holder in the three suits. The judgment debtors are the brothers of the decree holder. The plaintiff, brother was employed outside the country. According to him he was sending monies to his brothers and he wanted them to purchase some properties. The brothers purchased properties in their own names and refused to give the properties to the plaintiff-brother, when he came back to this country. The plaintiff brother hence filed those suits for recovery of possession of the properties on the plea that the consideration for the purchases proceeded from him and he was the beneficial owner of these properties. The defendants resisted the suits. On 31.7.1985 the suits were decreed by the trial court. Appeals were filed by the defendants before this Court All the appeals were dismissed by this Court holding that the defendants' brothers were trustees of the property and S.82 of the Indian Trusts Act applies. The decision in the appeals is reported in Narayanan v. Gangadharan (1988 (1) KLT 933). The decision in the appeal was rendered on 27.8.1987. Thus in these cases not only the sui







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