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Madras High CourtA/1581/2022allowed

Dr.A.Anthony Irudhayaraj And Another v. Mrs.A.M.Pushpa Joe And 2 Others

2022-10-20Honourable Mr Justice G. Chandrasekharan3 pages

A.No.1581 of 2022 in C.S.No.733 of 2011 G. CHANDRASEKHARAN, J.

This application is filed to amend the framed issues. 2.Heard the learned counsel for the plaintiffs and defendants. 3.It is seen from the submission of the learned counsel for the defendants that the case of the plaintiffs is that 'B' schedule property was purchased by father in the name of defendants 1 and 2. On the other hand, it is the claim of the defendants 1 and 2 that 'B' schedule property is the self acquired property of defendants 1 and 2. In the light of the contrary pleadings taken with regard to 'B' schedule property, this Court instead of amending the issue already framed, frames an additional issue, as follows:- "Whether the plea of Benami raised by the plaintiffs against the recitals of the registered sale deed in respect of 'B' schedule property is maintainable in law in the absence of any prayer by the plaintiffs seeking to set aside the said sale deed?" 4.The list of witnesses and affidavit of documents to be filed in two weeks. 5.Typed set and inspection in two weeks.

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G. CHANDRASEKHARAN, J.

6.Post the suit before the concerned learned Additional Master for recording evidence.

7.Post the matter after two weeks.

20.10.2022 ep A.No.1581 of 2022 in C.S.No.733 of 2011 2/3

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