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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
S.H.Salma – Appellant
Versus
R.Aleik John – Respondent
| Table of Content |
|---|
| 1. factual background of partition suit (Para 1 , 2) |
| 2. arguments concerning the nature of property ownership (Para 10 , 11 , 12) |
| 3. court's analysis of evidence and limitations (Para 15 , 16 , 17 , 18 , 19) |
| 4. legal principles on benami property and limitations (Para 21 , 22 , 23 , 24 , 27 , 29) |
| 5. final ruling on the appeal (Para 30) |
JUDGMENT
The plaintiff in a suit for partition and separate possession, aggrieved by the dismissal of the suit in O.S.No.282 of 2019, is the appellant.
2.Pleadings:
The plaint in brief:
(a) The 1st defendant is the plaintiff's mother. The defendants 2 and 3 are also children of the 1st defendant. The plaintiff's father and 1st defendant's husband is one Syed Hussain, who was working in Indian Air Force for 10 years and thereafter in Telephone Exchange for another 10 years. Subsequently, he worked in Saudi Arabia for 4 years and for 10 years in Kuwait. Out of his hard earned money, he purchased a plot, which is a house site at Kattiganapalli Village. However, the same was purchased in the name of his wife, the 1st defendant, as benami, but, Syed Hussain alone was in possession and enjoyment of the same, until his lifetime. He also constructed a
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