G RAMASAMI Vs. R KAMALA

JUDGEMENT

(1.) THE plaintiff is the appellant in the suit and the appeal is preferred against the judgment and decree dated 23.09.1999 made in A.S. No.282 of 1998 on the file of the Sub-court, Kovilpatti confirming the judgment and decree dated 25.08.1998, made in O.S. No.14 of 1997, on the file of the District Munsif Court, Kovilpatti, and the suit is filed for declaration and injunction.

(2.) THE brief facts of the case is as follows: THE plaintiff and the first defendant are the husband and wife. THE plaintiff is a doctor. According to the plaintiff, he had purchased the suit property in the name of the defendant from one Mrs. Ponnaiah, on 12.06.1975 for a sum of Rs.9,000/-. THE property was purchased for the plaintiff and he never intended to give the property to the defendant. THE plaintiff was in possession and enjoyment of the property and the title deeds were also in the possession of the plaintiff. Later, difference of opinion arose between the defendant and plaintiff and they were living separately. THE defendant claims title of the property. THErefore, the suit is filed for declaration and injunction.

(3.) THAT the sale under Exs. B.11, B.9 and B.10 were for the benefit of the respondent has not been proved by the respondent when the person who advances THAT the sale was only benami and not to benefit the name lender the burden shifts on the persons who claims benefit under the sale.