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1962 Supreme(Mad) 252

SRINIVASAN, JAGADISAN
Karuppa Gounder – Appellant
Versus
Palaniammal and others – Respondent


Advocates Appeared:
D. Ramaswami Iyengar and S. Ramalingam, for Appellants; M. Natesan and D. Ramamurthi, for Respondents.

Judgement

SRINIVASAN, J. :- Late Kalianna Gounder, who was murdered on 10-9-1956, was a member of a joint Hindu family, of which the other members were his father, Karuppanna Gounder, the first defendant, and his brother, Chinnaswami, the second defendant. The plaintiffs are the widow and the daughter of the late Kallanna Gounder and they sued for partition of the joint family properties specified in Schedule A and for allotment of an one-third share therein. In respect of the B Schedule properties, they claimed that this item belonged exclusively to late Kalianna and his brother, the 2nd defendant, so that they were entitled to a half share therein. Recovery of certain moveables set out in Schedule C was also prayed for. Late Kalianna had insured his life for Rs. 3000 with the fourth defendant insurance Corporation. The first plaintiff claimed to be the nominee under the policy of insurance and sought to recover the entirety of this amount.

2. Defendants 1 and 2 contended that the first plaintiff was responsible for getting Kalianna murdered so that she is disqualified from succeeding to Kalianna. In respect of the B Schedule properties, it was claimed that they also belonged to the





























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