In the said numberice issued on 23.6.1988, defendant No.1 had stated that suit schedule property were purchased by investing the sale proceeds of the property situated at Kozikode given by the father of the 1st defendant.
The respondent filed a suit for partition in respect of the suit schedule property, inter alia on the premise that although the property stood in the name of defendant appellant No.1, but the transaction was benami in nature.
The said issue was determined in favour of the appellants by the learned Trial Judge holding In fact, DW 1 also has stated that the plaintiff was residing with his parents till his marriage.
One of the issues which was framed by the Trial Court was Whether the defendants prove that the suit property is the joint family property of the plaintiff and the defendants?
The defendants denied and disputed the aforementioned companytention of the respondent.
A first appeal was preferred thereagainst before the High Court.
Leave granted.
The defendants in the original suit are the appellants before us.
