TMI Blog2017 (4) TMI 1569X X X X Extracts X X X X X X X X Extracts X X X X ..... ase, he was in possession of the suit property and all the original documents of title were with him. Due to misunderstanding, the second respondent left the matrimonial home taking all the original documents of title of the suit property. When the first respondent came to know about the intending sale of the suit property in favour of the petitioner by the second respondent, he issued a legal notice to the petitioner. Even after receipt of such notice, the petitioner had purchased the suit property. When a property is purchased in the name of wife or unmarried daughter, there is a presumption that the said purchase is for their benefit. At the same time, a person who purchases the property in the name of his wife or unmarried daughter c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Court, Coonoor. 2. The petitioner is the second defendant, first respondent is the plaintiff and the second respondent is the first defendant in the suit in O.S. No. 02 of 2015 on the file of the District Munsif Court, Coonoor. The first respondent/plaintiff filed the above suit for declaration to declare that the sale deed executed by the second respondent/first defendant in favour of the petitioner/second defendant dated 15.07.2013 as null and void. 3. According to the first respondent, he purchased the suit property in the year 2000 in the name of his wife/2nd respondent herein, out of love and affection and for the benefit of wife children. The property was purchased to construct a residential house, after obtaining loan from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty in the name of his wife/second respondent herein is not hit by provisions of Benami Transactions (Prohibition) Act, 1988. It is further contended that the suit property purchased by the first respondent herein is not only for the benefit of his wife/second respondent but also for the benefit of his children. The property was purchased for the specific purpose of construction a residential house after obtaining loan from a Nationalised Bank. Even before the purchase of the suit property by the petitioner by way of sale deed dated 15.07.2013, the first respondent issued legal notice to the petitioner but having received the said notice, she had not sent any reply. Only the second respondent can take the stand that the suit is barred by Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel for the petitioner relied upon the following judgments in support of his contention. (i) Judgment of this Court reported in 2010 (2) CTC 705 [E. Yasodammal v. E. Govindan] (ii) Judgment of this Court reported in 2015 (3) CTC 316 [Shanthi @ Shanthi Sathya Ors. v. M. Masanam] 9. Heard the learned counsel appearing for the petitioner and perused the records. 10. The petitioner had filed I.A. No. 241 of 2015 for rejection of plaint on the ground that on the admission made by the first respondent in the plaint that he purchased the suit property in the name of his wife/second respondent herein, out of love affection and also for their benefit, hence, the suit is hit by the provisions of Sections 3 4 of the Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he benefit of the wife or the unmarried daughter; (b) the securities held by a- (i) depository as registered owner under sub-section (1) of section 10 of the Depositories Act, 1996 (ii) participant as an agent of a depository. Explanation-The expressions depository and participants shall have the meanings respectively assigned to them in clauses (e) and (g) of sub-section (1) of Section 2 of the Depositories Act, 1996. (3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under this section shall be non-cognizabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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