SUBRAMANIAN CHETTIAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS is a revision which has been filed against the conviction and sentence by the learned Assistant Sessions Judge, Tirunelveli, in Sessions Case No. 78 of 1955 and confirmed by the learned Sessions Judge of Tirunelveli Division in C. A. No. 217 of 1956.

(2.) V. C. Subramanian Chettiar, the Revision petitioner before me, had married one pichai Ammal the only daughter of Sankarakuttalathammal. There was a daughter by that marriage. Sometime afterwards both Pichai Animal and this daughter died, this Sankarakuttalathammal viz. , the ex-mother-in-law of this Revision Petitioner had inherited properties of considerable value from her deceased husband. There was interminable civil litigations about it which came up to High Court and eventually this petitioner got a share of the properties. On account of these litigations there was bitter ill-feeling between this Revision Petitioner and the said sankarakuttalathammal.

(3.) P. W. 1 Chitraputran Chettiar had married Sankarakuttalathammal's brother's daughter by name Gomathi. There was a son by that marriage. I have just referred to the litigations between Sankarakuttalathammal and this petitioner not only on the civil side which came up to the High Court but also on the criminal side, in which this petitioner finally got a share, In the said litigations sankarakuttalathammal was being assisted by that Chitraputran Chettiar. Sankarakuttalathammal had come to take up, her residence with that Chitraputran chettiar. It is not surprising in these circumstances that in 1941 Sankarakuttalathammal gifted some of her properties to Chitraputran Chettiar's wife Gomathi under Ex. P 2. Gomathi was put in possession of the properties. The pattas for these properties were transferred in her name: Vide Exs. P-3 to P-8. Subsequently Gomathi Animal alienated some of those properties and bequeathed the rest to her minor son under Ex. P-23 in 1950. This Gomathi died subsequently and after her death chitraputran Chettiar has been in possession of the properties on behalf of his minor son.