ORDER

There is more than one reason for allowing this appeal. It appears that the appellant had sent money from abroad to the respondent to enable him to purchase immovable property in the name of the appellant. The respondent purchased properties in his own name and in the names of his other brothers in India. The appellant on 20th July, 1983 filed O.S. No. 349/83 for possession of the suit property or its market value. The case of the appellant was that the money which was sent was wrongly utilised in purchasing the properties in the name of the respondent and the brothers instead of purchasing the same in the name of the appellant.

2. On 31st July, 1985, suit for possession was decreed with costs and mesne profits were to be determined in execution proceedings. The respondent filed an appeal to the High Court which dismissed the same on 27th August, 1987, inter alia, holding as follows :

"There is no evidence in this case to show that the plaintiff wanted to benefit the defendants when he provided funds for purchase of landed properties. On the other hand, the evidence is overwhelming in this case to the effect that money was sent by the plaintiff to the defendant in OS. No. 349 o