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1970 Supreme(Mad) 256

ISMAIL
Ammaponnammal – Appellant
Versus
T. Shanmugam Pillai (died) – Respondent


Advocates:
A. Sundaram Iyer, for Appellant; R. Srinivasan and P. Raghaviah, for Respondents.

Judgement

JUDGMENT:-The defendant in O. S. No. 69 of 1962 on the file of the court of the District Munsif of Tiruchirapalli is the appellant before this court. The plaintiff in the suit was her husband. He instituted the suit for recovery of possession of B schedule property in the plaint and for maintenance past and future. As far as the present appeal to concerned, before me it is confined only to the recovery of plaint B schedule property. Admittedly the said B schedule property was purchased in the name of the appellant under Ex. B-1 dated 18-8-1943. The plaintiff instituted the suit on the allegation that though the title deed stood in the name of the appellant, it was he who advanced the money for purchasing the property and it was he who was the beneficial owner of the property. Admittedly the husband and wife lived together till 1954, when the wife left the house of the husband and started living with her sister. The case of the appellant was that the consideration for the purchase of the property covered by Ex. B-l was provided by her and in any event the husband did not intend to purchase the property benami for him and the property was intended to belong to the appellant





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