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1962 Supreme(Ker) 394

S.VELU PILLAI
Mariam Beevi – Appellant
Versus
Abdurasak – Respondent


JUDGMENT

S. Velu Pillai, J.

1. The plaintiff filed the suit from which the second appeal arises to declare his title to the suit properties, two in number, item 2 being the building on item 1 property, to evict the defendant, his wife, from item 2 and for recovery of possession of item 1 also, in case she came into possession of it during the pendency of the suit. Ext. A dated Kanni 16, 1119 is the sale deed, for item 1, and a shop building thereon which was then in existence, in the name of the defendant. The plaintiff and the defendant lived together till the year 1124 when they fell out and the plaintiff left her. He filed the suit on the ground that Ext. A was taken in the defendant's name benami for him. The Trial Court held in favour of the defendant, and in appeal the Subordinate Judge held against her. Hence this second appeal by the defendant.

2. Ext. A was for a consideration of Rs. 200/-, of which Rs. 150/- was reserved for future payment and the balance was recited as paid by the plaintiff on behalf of the defendant. Ext. B dated Idavam 10, 1120, is the receipt in the name of the defendant for the consideration reserved in Ext. A and interest thereon, and it recited prior



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