1. Defendant in O.S.No.218 of 1983 on the file of Principal Subordinate Judges Court Coimbatore is the appellant

2. The following substantial questions of law have been raised in the memorandum of appeal:

(i) Whether the lower appellate court is right in holding the question of benami transaction does not survive in for consideration after the recent enactment of the Benami Transactions (Prohibition) Act, 1988, in view of the decision reported in (1995)2 MLJ. 84 (S.C.).Which has taken a contrary view.

(ii) Whether the courts below are right in holding that the suit is maintainable.

(iii) Whether the lower appellate court is right in holding the Ex.B-2 the family arrangement is true and valid.

(iv) Whether the lower appellate court is right in holding that the possession of the defendant of item 1 of the ‘B’ schedule property is true.

3. The material facts could be summarised thus: Suit was laid by respondents for recovery of possession of items 1 and 2 of ‘B’ schedule and for permanent prohibitory injunction restraining defendant from in any way interfering in plaintiffs possession and enjoyment of the remaining portion of properties described in ‘A’ schedule.

4. Defenda