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1971 Supreme(Mad) 518

RAGHAVAN
Saravanabhava – Appellant
Versus
Sellammal. – Respondent


Advocates:
Ramaswamy, K.R. Subramania Iyer and A. Sarojini Bai, for Appellant.
S. Palaniswamy, R. Kanniah and R. Ganesan, for Respondents.

JUDGMENT:—

The plaintiff is the appellant. The suit is for declaration of title and for injunction restraining the defendants from interfering with the plaintiff’s possession and enjoyment. The case of the plaintiff is that one Peramiah Gounder, the father of the defendants 1 to 3 and the maternal grandfather of the 4th defendant, was the owner of the suit property and also of other property, and that he executed his last will on 19th September, 1960, in respect of those properties. Under the will the plaintiff is entitled to the suit property and the defendants are entitled to the other property. The plaintiff is the grandson of the elder brother of Peramiah Gounder, The 4th defendant is the plaintiff’s wife and the third defendant’s daughter, Peramiah Gounder was murdered on 11th January, 1964, and the plaintiff was implicated in the said murder. The plaintiff has filed the present suit by his father and power of attorney agent for the reliefs mentioned above.

2. The first defendant filed a written statement contending that the will dated 19th September, 1960, cannot be relied on as he murdered Peramiah Gounder, and that the plaintiff is not entitled to the suit property.

3. The tr






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