1962 (9) TMI 89 - HC - Indian Laws

Court dismisses appeal, upholds Subordinate Judge's findings with modifications. Plaintiffs entitled to family properties.

Karuppa Gounder and Ors. Versus Palaniammal and Ors.

The appeal was dismissed, and the court upheld the Subordinate Judge's findings with modifications. The plaintiffs were entitled to their share of the ... - Issues Involved:1. Validity of the gift deed in favor of the third defendant.2. Outstandings and debts of the family.3. Status of the insurance policy amount.4. Disallowance of mesne profits and costs.Detailed Analysis:1. Validity of the Gift Deed in Favor of the Third Defendant:The primary issue was whether the gift deed executed by the first defendant in favor of his daughter, the third defendant, was valid under Hindu law. The Subordinate Judge initially found the gift invalid, reasoning that it was made long after the daughter's marriage and did not constitute a reasonable portion of the family property. However, upon appeal, it was argued that the family possessed a considerable extent of land, and the four acres gifted were insignificant in comparison. The court referenced several precedents, including *Sundararamayya v. Sitamma* and a Supreme Court decision in *Kamla Devi v. Bachulal Gupta*, which upheld the validity of gifts made by Hindu fathers to their daughters even after marriage. The court concluded that the gift was valid as it was made to fulfill a moral obligation and did not constitute an unreasonable portion of the family property.2. Outstandings and Debts of the Family:The appellants contended that the Subordinate Judge erred in granting a decree for two outstandings of Rs. 3000 and Rs. 1000. The first defendant admitted to lending these amounts and recovering them. The court found that these sums were assets of the joint family and should be divided unless the first defendant could prove they were used for family purposes. The court upheld the Subordinate Judge's decree, rejecting the appellants' claim that the sums were no longer available as assets.Regarding the debts, the defendants claimed the family owed Rs. 10,800, supported by promissory notes and witness testimonies. However, the Subordinate Judge found the evidence unconvincing and the witnesses unreliable. The court noted that the family had sufficient income and found it unlikely that such borrowings were necessary. The court affirmed the Subordinate Judge's finding that these debts were not established.3. Status of the Insurance Policy Amount:The appellants argued that the insurance policy amount should be considered joint family property since the premia were allegedly paid from joint family funds. The plaintiffs cross-objected, claiming the first plaintiff was the nominee and entitled to the entire amount. The court found no evidence supporting the appellants' claim that the premia were paid from joint family funds. It referenced *Venkatasubba Rao v. Lakshminarasamma* and a Supreme Court decision in *Parbati Kuer v. Sarangdhar Sinha*, emphasizing that modern social conditions often imply such policies are separate property. The court concluded that the insurance amount was the separate property of the deceased and that the first plaintiff, as the nominee, was entitled to the full amount.4. Disallowance of Mesne Profits and Costs:The plaintiffs objected to the Trial Court's disallowance of mesne profits and costs. The court found no justification for this disallowance, even if the plaintiffs had put forward an exaggerated claim. It ruled that the plaintiffs were entitled to proportionate costs and mesne profits from the date of the suit.Conclusion:The appeal was dismissed, and the court upheld the Subordinate Judge's findings with modifications. The plaintiffs were entitled to their share of the family properties, including the insurance amount, without reference to the gift deed. They were also awarded mesne profits and costs.