Judgement

Appeal (No. 100 of 1922) from a decree of the High Court (September 1, 1920) varying a decree of the first class Subordinate Judge at Darwar.

The suit was brought by the respondent against the appellants to recover from them possession of properties forming the estate of one Parappa, who died intestate in 1912. Upon the death of Parappa his mother Chanbasava succeeded to the estate. Hanmappa, who was next reversionary heir upon her death in 1914, was convicted of the murder of Chanbasava. The relationship of the parties appears from the judgment of the Judicial Committee.

The trial judge made a decree for the plaintiff for a third of the property ; he held that though the murderer was disqualified from taking the estate beneficially, it vested in him, and that as his heirs the plaintiff and defendants had equal rights.

Upon an appeal to the High Court, with cross-objections, the right of the plaintiff, the present respondent, to the whole estate was decreed.

The learned judges (Macleod C.J. and Fawcett J.) held that Hanmappa was disqualified upon the principles of justice, equity and good conscience, and that as a result of that disqualification the heirs of the intestate