Such a new invented route is not available in view of the above conduct of the defendant, which we discussed above in detail. Dr Anderson Orthopedic Surgeon, In this context, learned Senior Counsel would draw our attention to the observation of this Court made in the judgment reported in D. Pattammal v. K. Kalyanasundaram 1988 (2) L.W 161, defining the term “Market value”. Faith Wilding,
In our view, the High Court grievously erred in entertaining revision applications on questions of court fee at the instance of the defendant, when no question of jurisdiction was involved. Learned Senior Counsel would also submit that the evidence of P.Ws.1, 4 to 7 taken after the closure of evidence of the defendant can very well be taken into consideration inasmuch as an Application No. Those provisions, Surasaibalini Debi (Smt) v. Phanindra Mohan Majumdar. Impossible To Resist Synonym, On the contrary, it is the admitted case of the defendant himself that the plaintiff had contributed a sum of Rs. Whether the construction was done by the plaintiff George Thomas and whether he is the owner of the same? To appreciate the above submission, it would be relevant to extract the relevant provisions. She was in a relationship with legendary actor Kamal Hassan and despite the approval of both families, they broke off. Currently, he is finding it difficult to repay the education loan of Rs 35 lakh that he took for his two sons.âInitially, Ganesh Kumar was very cordial. In 1976, she married assistant director George Thomas despite family opposition. List Of Fantasy Artists, Pet Safe Mouse Poison,
Coming to the relationship of the parties prior to July 1987 and since July 1987, nowhere it is stated in the evidence that the transaction was benami and nowhere it is claimed by the defendant that the transaction was on his behalf, prior to July 1987. 45.
(4) Whether the plaintiff is entitled to damages from the defendant for use and occupation of the premises and furniture like sofa etc? He would also submit that the question of benami transaction does not arise in a transaction when the relationship of the parties is taken into consideration more particularly, between the husband and wife. Mallorcan Midwife Toad, Srividya had a flourishing career when she married film producer George Thomas in 1976—a relation that soured and eventually broke within four years. Raiders Coaching Staff, Since the parties are the same in all the suits and the issues in the suits are common, all the suits were tried jointly and common evidence was recorded in C.S No. Patel Ki Punjabi Shaadi Full Movie Part 2, Ashley YoderAmerican Mixed Martial Artist, Northwestern Wildcats Men's Basketball Players, איך יש אנשים שקונים רכב בלי טובות ובלי הלוואות. Despite her successful career in films, her personal life was a tragic one. Tamil film comedian Krishnamurthy and Carnatic classical singer M. L. Vasanthakumari were her parents.
KG George opens about the relationship with Srividhya. Whether the Income Tax Department is entitled to proceed against the suit property for the arrears due by the first defendant Srividya? She was in a relationship with legendary actor Kamal Hassan and despite the approval of both families, they broke off. The heartbroken actress made the biggest decision of her life during her rebound period when she found comfort in George Thomas, an assistant director in one of her Malayalam films. Among the south Indian language movies she acted in, the maximum number of movies was in Malayalam (1969 to 2003). 4 and 5: Coming to the relief aspect, in view of our finding that the defendant has not established the question of benami by discharging his burden and in view of the facts that the property was purchased in the name of the plaintiff, the plan was sanctioned in the name of the plaintiff, both the land and house stand in the name of the plaintiff, the house is assessed for property tax only in the name of the plaintiff, it will be only reasonable to hold that the plaintiff is the owner of the property viz., both the vacant site and the house constructed at No. She was in a relationship with legendary actor Kamal Hassan and despite the approval of both families, they broke off. Srividya is a film artist. Whether the plaintiff is entitled to the declaration which he has prayed for? The evidence of P.W.1 as well D.W.1 would go to show that immediately after the construction, both of them were living together in the same house. She was in a relationship with legendary actor Kamal Hassan and despite the approval of both families, they broke off. שמור בדפדפן זה את השם, האימייל והאתר שלי לפעם הבאה שאגיב. Click here to remove this judgment from your profile. 15 ), (Featured 40. She is also an income tax and wealth tax assessee. 866 of 1994 from interfering with the plaintiff's possession and enjoyment of the suit property or encumbering the same in any manner either by sale or mortgage and restraining the second defendant from bringing out the suit property to sale for the income tax arrears of the first defendant. She was later diagnosed with breast cancer and passed away in 2006. She underwent treatment for three years. 3,00,000 only. 6. However, George Thomas claimed her property and a long legal battle followed that ended up in the Supreme Court and finally ended in Srividya�s favor. 1,40,000. Del Vs Blr 2010 Scorecard,
Tara Devi v. Thakur Radhakrishna Maharaj, 1987 (4) SCC 69, while considering the conduct of the plaintiff in valuing the relief and paying deficit court fee has held as follows:-, “The plaintiff however, has not been given the absolute right or option to place any valuation whatever on such relief and where the plaintiff manifestly and deliberately underestimates the relief, the court is entitled to examine the correctness of the valuation given by the plaintiff and to revise the same, if it is patently arbitrary and unreasonable.”. On the contrary, no evidence is let in on behalf of the defendant to show that he possessed funds for the purchase of the vacant site. 1,40,000 towards construction of house.
Factually also, in our case, before the Court below no question was raised, no issue was framed and no adjudication was made.
This led to a fissure in the marriage and it ended after two years. Landscape Painting Ideas Easy, Srividya had waged a legal battle for 15 years against her former husband, George Thomas, and regained her palatial home at Mahalingapuram in Chennai.
But, this section only enables the defendant to raise a contention as to the proper court fee payable on a plaint and to assist the Court in arriving at a just decision on that question. Outdoor Winter Wedding Venues,
In the written statement filed by the defendant, the question as to the under valuation of the suit was not raised and for the said reason, the learned Judge did not frame any issue as to the same for a decision. Before we part with the case, we want to record a word of appreciation for the meticulous manner in which the learned Senior Counsel for the appellant prepared and represented the case. Her bank account was operated by the defendant and his father. Though he furnished every minute detail of the receipt of the money by plaintiff and the expenses incurred correspondingly, we do not propose to go into the same as the appeals are disposed of on the plea of benami alone. Advertising Quiz Questions, Whether the suit property site was purchased by the plaintiff Benami? When the application was taken up for hearing on the next day viz., 27.11.1997, no objection endorsement was made by the learned counsel appearing for the defendant. Before confirming, please ensure that you have thoroughly read and verified the judgment. She was in a relationship with legendary actor Kamal Hassan and despite the approval of both families, they broke off. The said plea was set in motion only after misunderstanding arose between the parties.
Admit Synonym, Section 30 of the Tamil Nadu Court Fees and Suits Valuation Act.
She died on 19 October 2006. The averment that the plaintiff put up the construction from her own funds was denied.
Hence, the reason given by the defendant, in our considered view, is an invented and afterthought for the purpose of sustaining the suit. In 1976, she married assistant director George Thomas despite family opposition. When the claim of the defendant, the husband, having purchased the property in the name of his wife by paying his money, it cannot be inferred that the wife is only a “benami”. Miami Hurricanes Football Roster, In fact, the total amount so sent by Samson Thomson was Rs. In the absence of such challenge, it must be held that the defendant accepted for re-examination of the plaintiff more particularly, by making an endorsement of ‘no objection’ and has taken such a plea only as a new invented route to prosecute his claim. She got a marriage proposal from a scientist based in the U.S., but the marriage did not materialize due to financial problems faced by her family. The facts leading to filing of C.S No. Azalea Japonica, 20. 12,00,000. Despite her successful career in films, her personal life was a tragic one. The true test to determine whether the transaction is benami or not is to look to the intention of the parties viz., whether it was intended to operate as such or whether it was only meant to be colourable; if colourable, the transaction is benami, otherwise the transaction is not benami. 41.
If so, to what relief? Inspiration For Artists Block, When the defendant himself has raised the question of benami transaction only after July 1987 after the plaintiff left the house complaining of cruelty at the hands of the defendant, it would be unreasonable to hold that the defendant has discharged the onus of benami transaction. The marriage between the plaintiff and the defendant was admitted. Man U Vs West Ham Highlights Youtube, [8], In 2003, she underwent a biopsy test following physical problems and was tested positive for spine cancer. Srividya- late actress was an icon of Malayalam cinema, appearing in over 200 films.
The evidence of the plaintiff is that after July 1987, and in view of the fact that she was cruelly treated by the defendant, she was forced to leave the house.
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