RAMASWAMI, J. : This Letters Patent Appeal is directed against the decision of our learned brother Basheer Ahmad Sayeed, J. in C. C. C. Appeal No. 54 of 1954, reversing the decree and judgment of the learned Principal City Civil Judge of Madras in O. S. No. 1568 of 1950.

2. The facts arising for consideration lie within a brief compass and have been established beyond doubt. The plaintiff Maheswari is the wife of the deceased Palanivel Nadar. Palanivel Nadar has a brother-in-law by name C. M. Thyagarajan. This Thyagarajan was the agent of the defendant insurance company, the All India General Insurance Company Limited. Palanival Nadar, as appears from the evidence, was a heavy drinker and afflicted with syphlis. On 2-1-1948 the deceased Palanivel Nadar took out a life assurance policy bearing No. 11096 for a sum of Rs. 5,000/-. Palanivel Nadar died on 13-6-1948 surviving him the plaintiff Maheswari and two minor children. The claim of Maheswari was disputed by the defendant company.

Their case was that the deceased Palanivel Nadar submitted his proposal for insurance on 1-12-1947 and made a personal statement on 3-12-1947. In answering the question in the personal statement