First appeal filed against the judgment and decree dated 110. 1993 made in O.S.No.776 of 1985 on the file of the Subordinate Judge, Coimbatore

I. Subject matter of litigation

The appeal has been filed by defendants 1 and 2 in O.S.No.776 of 1985 on the file of Sub Court, Coimbatore. The suit has been filed by the respondents in the appeal to declare that Ex.B-27 - purchase of suit property standing in the name of the second defendant on 19. 1985 was done by the first defendant in his wifes name, benami for the benefit of plaintiffs 1 & 2 and the first defendant as joint owners and for partition of the plaintiffs 2/3rd share and for the relief of injunction to restrain the defendants from interfering with their joint possession.

II. Disposition at the trial court

2. The trial court found the transaction to be not benami, but held that the document of purchase was fraudulent in the sense that the first defendant had instead of purchasing the property in the name of the family members, namely, the plaintiffs and the first defendant, had purchased the property in the name of his wife, the second defendant. The plaintiffs, according to the trial Court, was therefore entitled