K.SAMPATH
SUNDARAM NADAR – Appellant
Versus
SUKUMARAN – Respondent
K. SAMPATH, J.
( 1 ) THE plaintiff in O S no 11 of 1981 on the file of the Subordinate judges Court, Kuzhithurai. is the appellant in the second appeal
( 2 ) THE parties are father and son The suit was filed by the father/appellant for declaration of his title and possession and for consequential injunction His case, as set out in the plaint is as follows the plaintiff has got four sons and one daughter, the defendant/respondent being the youngest son The plaintiff is an agnculunst and a businessman He had purchased properties in the names of all his children including the respondent with his own funds The purchases were made Benami for his benefit and he is in possession of all those properties He owns lorries and cars The registration certificates in respect of the same are in his name and the other children The suit property onginally belonged to Avadappa Pillai. On his death, in a partition between his widow and his brother, it was obtained by the widow muthammal Muthammal executed a gift deed in respect of the suit property in favour of her two sisters and a brother On 18 9 1978 muthammal and her donees jointly sold the suit property to the plaintiff and he took poss
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