C.Murali vs S.Kumar @ Kumarasami on 12 March, 2025
It is the specific case of the plaintiff that though nominal sale was
executed under Ex.A2 in favour of the defendants 1 and 2, it is only for the
benefit of family and no consideration has been passed. When the parties all
along treated the property as a joint family property, though there was no
sufficient nucleus pleaded in the plaint, the fact remains that PW2 in her
chief examination has stated that the property is purchased from the joint
family nucleus. Therefore, in spite of deficiency in the pleadings, when
parties understood the case and proceeded to trial of all those issues by
producing evidences, now, it cannot be open to the parties to raise the
question of absence of pleadings. This has been held in the case of Ram
Sarup Gupta vs. (Dead) by LRs vs. Bishun Narain Inter College and others
reported in AIR 1987 SC 1242.