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ALFRED HENRY LIONEL LEACH
V. E. R. M. K. Krishnan Chettiar by agent Rama Aiyangar – Appellant
Versus
Velayee Ammal – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal raises the question of what is meant by the word " policy" in Section 6 of the Married Womens Property Act, 1874. The respondent is the widow of one Sengottiah Goundan, who died on the 16th August, 1928. On the 24th August, 1927, the deceased submitted to the Bengal Insurance and Real Property Company, Ltd., a proposal for a policy of insurance on his own life. The proposal was for an endowment policy for Rs. 5,000 payable in 15 years. Clause 12 of the proposal is intended to contain the name of the person nominated to receive the sum assured and his or her relation with the proposer. In this case the words entered were, " self or wife Velayammal " (the name of the respondent). The proposal was accepted and a policy was issued on the 5th May, 1928. The policy contained inter alia the following clause:

This policy of assurance granted by the Bengal Insurance and Real Property Company, Ltd. (hereafter called "the company") witnesseth that proceeding upon the proposal and declaration subscribed by Subbaraya Goundar Sengotayya Goundar in and dated 24th August, 1927, which is hereby made a part of this contract and in consideration of














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