SELVARAJAN Vs. GANESA NAICKER

JUDGEMENT

(1.) THIS Appeal arises out of an application filed by the appellants herein under Order 21 Rule 58 of the Code of Civil Procedure, for raising the attachment over the property in question. According to the appellants, the property is a joint family property in which the appellants are entitled to 3/4th share. First respondent is the decree holder and the second respondent is the judgment-debtor. Admittedly, the property stands in the name of the second respondent. The sale deed under which the properties were purchased is marked as Ex. A.6 dated 30.6.72. It is the contention of the appellants that the family remained joint and there were a lot of ancestral properties providing sufficient nucleus. It is the case that the purchase was made in the name of the second respondent for the benefit of the family.

(2.) THE trial court dismissed the application holding that the appellants have not made out by evidence that the purchase was made with the aid of joint family funds or income from the joint family properties. THE trial court has found positively that the second respondent-judgment debtor had enough funds of her own and the property was purchased with the aid of those funds. In addition, the trial court has held that the provisions of the Benami Transactions (Prohibition) Act, 1988, Act 45 of 1988, therein after referred to ?as the Act? prevent the appellants from raising the plea that they are entitled to a share in the property.