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2023 Supreme(Mad) 1012

G. JAYACHANDRAN, SUNDER MOHANA. S.
G. Felshia Vasanthi – Appellant
Versus
R. Sekar @ Gunasekar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Ajmalkhan Senior Counsel for Mr.R.Alagumani
For the Respondent: Mr.J.Barathan

JUDGMENT :

SUNDER MOHAN, J.

PRAYER : This Appeal Suit has been filed under Section 96 of the Code of Civil Procedure against the Judgment and Decree dated 06.12.2010 passed in O.S.No.20 of 2004 on the file of the Family Court, Madurai.

The appeal is preferred by the wife challenging the Judgment and Decree in O.S.No.20 of 2004, by which, the learned Judge, Family Court, Chennai, declared that the suit schedule properties purchased in her name by the husband/respondent are benami properties purchased for the interest of the respondent and not for her beneficial interest.

2. The respondent filed the suit for the declaration that Item Nos.1 to 6 of the suit properties were benami properties purchased by him in the name of the appellant and that she had no beneficial interest in the suit properties.

3. The averments in the plaint filed by the respondent briefly are as follows:

The respondent and the appellant are Christians and got married on 28.05.1990. The respondent was well to do and owned vast extents of agricultural lands besides carrying on the business of the money lending. In the year 1992, he had purchased item Nos.1 and 2 of the suit schedule properties from his own income and had

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