IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2023 (arising out of Special Leave Petition (Civil) No. OF 2023)
(@ Diary No. 335 of 2020)
MURUGANANDAM AND ANOTHER ..... APPELLANTS
VERSUS
ANJUGAM AND OTHERS ..... RESPONDENTS
O R D E R
Delay condoned.
Application for substitution is allowed. Cause title be
amended accordingly. Abatement, if any, is set aside.
Leave granted.
We have examined the impugned judgment, which disposes of the
second appeal, which was admitted on two substantial questions of
law, namely: (1) Whether the Lower Appellate Court is correct in
law in reversing the well-considered judgment and decree of the
learned District Munsif at Ariyalur especially when plaintiffs have
proved by concrete evidence the joint nucleus funds which have been
used for the purchase of the suit property?; and (2) Whether the
Lower Appellate Court is correct in law in relying upon Patta Ex.B4
for concluding that the property belonged to Rangaraj totally
overlooking the fact that patta is not a document of title?
1
The impugned judgment, however, does not deal with and answer
the substantial questions of law, but relies upon Section 4 of the
Benami Transactions (Prohibition) Act, 1988 (‘1988 Act’), a plea
and contention which was never raised by the respondents, to
dismiss the appeal.
Our attention is drawn to the exceptions carved out to
Section 4 of the 1988 ...