KANNAMMAL Vs. BALARAMAN

JUDGEMENT

(1.) THE unsuccessful plaintiff before the lower Appellate Court has filed the above Appeal.

(2.) THE plaintiff filed a suit for declaration and for injunction with respect to the suit property. According to the plaintiff under Ex.A-1, dated 11.10.1949 her husband Marimuthu purchased the property in the name of one Kannammal, the first wife of Marimuthu. THE said property solely belongs to late Marimuthu and the same was purchased benami in the name of his first wife Kannammal. Subsequently, the said property was settled by Marimuthu under Ex.A-12, dated 5.9.1972 giving her life interest and her children were given the absolute right in the said property.

(3.) SINCE the Courts below have not properly dealt with the case to arrive at the correct conclusion, in the interest of justice, I am inclined to remit back the matter to the trial Court to dispose of the suit afresh framing proper issues even with reference to the alternative plea raised by the defendants regarding the intention of Marimuthu to purchase the property for the benefit of his first wife Kannammal. Hence, the judgment and decree of the Courts below are set aside and the matter is remitted back to the trial Court to try the suit again and decide the case. The parties are at liberty to adduce any evidence, if it is necessary. With the above observations, the appeal is allowed. No costs.