R PAZHANISAMY Vs. R SELVI

JUDGEMENT

(1.) The present Second Appeal is filed by the unsuccessful first defendant as against the concurrent finding of both the Courts below.

(2.) This Court, at the time of entertaining the second appeal, has framed the following substantial questions of law:-

(3.) The learned counsel appearing for the appellant/first defendant while challenging the concurrent findings of both the Courts below have strenuously contended that the first appellate Court has committed gross mistake in law by holding that the Exs. B2 and B3 sale deeds made in favour of the appellant/first defendant are benami transaction and upheld the enforcement of benami in favour of the plaintiff, when Section 4 of Benami Transactions (Prohibition) Act, 1988 prohibits any such enforcement of benami transaction.