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Kanakarathanammal vs V. S. Loganatha Mudaliar And Another on 18 December, 1963

33. The learned counsel for the defendant No.1 has argued that, (a) Benami - Purchase of property by wife - Though, consideration for sale transaction proceeded from husband his subsequent conduct showing his admission that title to property vested in wife - purchase by wife cannot be held to be benami for husband but she is herself the owner of the property. To substantiate his argument, he has relied upon the ruling reported in AIR 1965 SC Page 271 in the case of Kanakaarathanmmal V/S V.S. Loganatha Mudaliar & another. This ruling is aptly applicable to the case in hand, since the property acquired by a female is her self-acquired property. Hence, in the instant case, the item No.1 of the suit property is the self-acquired property of defendant No.1. As a owner, the defendant No.1 is having every right to dispose of the suit item No.1 to anybody.
Supreme Court of India Cites 1 - Cited by 140 - P B Gajendragadkar - Full Document
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