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S. SOUNTHAR
Suresh Kumar – Appellant
Versus
Susmitha Devarajan – Respondent
JUDGMENT
(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree in A.S.No.3 of 2016 (Principal District Court, A.S.No.33/14), on the file of the II Additional District Court, Tindivanam and dated 01.12.2016 in confirming the judgment and decree in OS.No.35 of 2009 on the file of the Principal Subordinate Court, Tindivanam and dated 29.02.2012.)
1. The unsuccessful plaintiff is the appellant. He filed a suit for declaration of title and injunction against the respondent. The suit as well as the first Appeal preferred by him were dismissed. Hence, challenging the concurrent findings of the trial Court, he is before this Court.
2. The appellant and the respondent are husband and wife. According to the appellant/plaintiff, he is employed in United States and the suit property was purchased in the name of the appellant and the respondent by his father-in-law out of the funds sent by him to his father-in-law's account. It was specifically averred by the appellant that though sale deed in respect of the suit property jointly stands in the name of the appellant and the respondent, it was purchased only for the benefit of the appellant. T
The burden of proof in claiming a property as a benami lies on the person alleging it, and presumption favors the name holder unless proven otherwise.
In partition suits concerning benami transactions, the burden of proving such claims lies with the defendants; failure to do so results in equal distribution of shares among legal heirs.
Will - In terms of Section 68 of the Evidence Act read with Section 63(c) of the Indian Succession Act, it is obligatory on the part of the appellant to examine the attestors of this Will.
Jointly held family properties can be classified as ancestral, particularly when the purchase is funded by the joint family's income, despite claims of individual contribution.
The legal principle established is that in cases involving the sale of joint family property, the burden of proving legal necessity lies with the purchaser only if the plaintiffs have properly pleade....
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