SUBRAMANIAM Vs. VALLIAMMAL

JUDGEMENT

(1.) DEFENDANTS 2 to 5 in O. S. No. 711 of 1979, on the file of District Munsif's Court, Erode, are the appellants. 5th appellant is the legal representative of 1st appellant who died pending suit.

(2.) RESPONDENTS were also impleaded only in their capacity as legal representatives of the deceased plaintiff, who died after the dismissal of the appeal by the lower appellate court and before the institution of this second appeal.

(3.) ON the evidence adduced before it, the trial court came to the conclusion that the property belonged to the plaintiff, and Ex. A-4 sate deed dated 5. 12. 1933 in the name of Ramayee Ammal was only a benami transaction. It was further found that the property continued to be in the possession of plaintiff and in spite of court-sale he alone was dealing with the same as owner. He further came to the conclusion that there was an intention on the part of the plaintiff in taking the sale deed in the name of his wife, i. e. , he apprehended that the other creditors might move against the plaintiff since he became the legal representative of the deceased brother. The suit was decreed as prayed for.