MEENAKSHI AMMAL Vs. S. VIJAYALEKSHMI

JUDGEMENT

(1.) The claim of a daughter for her legitimate share in the family property is being stoutly resisted by her brothers aided by their mother for the past about two decades. The presumption under Sec. 3(2) of the Benami Transactions (Prohibition) Act, 1988 ['the Act' for short] arises for consideration in this Appeal Suit. The parties are referred to in accordance with their rank in the court below since many of them died pending Appeal Suit and their legal heirs brought on record.

(2.) The plaintiff, defendants 1 to 6 and deceased Lalitha are the children of the seventh defendant born to Late Surya Narayana Iyer and the suit is one for partition of property. Defendants 8 to 10 are the children and husband of deceased Lalitha and the fifth defendant alone supported the plaintiff in the claim for partition. The plaint 'A' schedule property is six items of immovable property and the plaint 'B' schedule property are the movables including the jewellery, car and vessels. The court below has by the judgment impugned passed a preliminary decree for partition in regard to all the six items of the plaint 'A' schedule property. The court below has also passed a preliminary decree for partition in regard to item Nos. 1 to 3 of the plaint 'B' schedule property which are jewellery and a car. The plaintiff has in addition been found entitled to her share of mesne profits from the property as also the value of the trees cut and sold by defendants 1, 2 and 5 to 7. The seventh defendant has filed the Appeal Suit contending that item Nos. 3, 4, 5 and 6 of the plaint 'A' schedule property belong to her absolutely. The first defendant who runs a cinema talkies in item No. 5 of the plaint 'A' schedule property has filed a memorandum of cross objections assailing the preliminary decree.

(3.) We heard Mr. T. Krishnan Unni, Senior Advocate on behalf of the appellant. Mr. R.D. Shenoy, Senior Advocate on behalf of the first respondent and Mr. Babu Cherukara, Advocate on behalf of the sixth respondent.