In Brief
This partition suit concerned the division of suit property between the plaintiffs and defendants. The plaintiffs claimed 3/4th share (5/8th, 1/8th, and others collectively), while the defendant asserted the properties were self-acquired except for items 1 and 3. The trial court granted the plaintiffs' 3/4th share claim, which the High Court affirmed. On appeal, the Supreme Court partially allowed the appeal, modifying the preliminary decree. The court found that the plea of statutory benami transaction was unavailable due to section 3(2) omission, and the evidence showed the property was purchased before ancestral property sale, negating benami claims for most items. Only items 1 and 3 were found to be ancestral property in which plaintiffs held shares.
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