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1912 Supreme(Mad) 446

SUNDARA.AIYAR
D. Srinivasa Iyengar – Appellant
Versus
Minor Thiruvengadathaiyangar By – Respondent


JUDGMENT

Sundara Aiyar, J.

1. The suit in this case is one for partition by a Hindu minor. The 1st defendant is the plaintiffs stepbrother. The 5th defendant is the plaintiffs mother and 1st defendants stepmother. The 6th defendant is the plaintiffs elder-sister. The 5th and 6th defendants were made parties on the ground that provision should be made for the maintenance of the former and for the maintenance acid marriage and other expenses of the latter.

2. The first question raised in second appeal is whether the plaintiff is entitled to a share of the amount recovered from a Life Insurance Company on a policy of insurance taken out by Doraisami Aiyangar the father of the plaintiff and the 1st defendant. The policy states that it was taken for the benefit of Dorasamis wife and two sons of whom the wife and one of the sons died, and the 1st defendant alone was left; but both the Courts have found that the premia for the policy were paid out of funds belonging to the whole family. This finding has been attacked in second appeal; but we are unable to interfere with it. It was argued that the finding of the Lower Appellate Court was based in part on the supposition that Doraisami Aiyanga




















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