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Dowager Rani Lalitha Kumari Devi and ors. Vs. the Raja of Vizianagaram ...

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 82 and 97; Hindu Law; Madras Impartible Estates Act, 1904 - Sections 2(3), 3, 7 and 14; Evidence Act, 1872 - Sections 115

Reported in : AIR1954Mad19

to the plaintiff in July 1946. In August 1949 notifications were published under the provisions of the Madras Estates Abolition and Conversion into Ryotwari Act. 1948, and the Estate was taken over by the Government with effect … support him in this matter. The other suit, C. S. No. 495 of 1949, is a suit for partition of the partible properties belonging to the joint family, and we are concerned in these appeals with that … was not the sole surviving coparcener when he executed the will in 1897. It is sufficient to quote the following observations of Viscount Dunedin in … source of income of the estate & the circumstances of the family. Section 14 of Madras Act, 2 of 1904 specially provides for such a … life & thereafter to her adopted son Chittibabu.On 28-10-1912 Chittibabu executed a deed of trust (Ex. P.

Kalidas Das Vs. Satyesh Chandra Sarkar and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1933Cal554

also oral evidence it has been shown that there has been no partition of the lands under the Estates Partition Act. And upon this it has been argued that unless there has been a partition of the lands themselves … the Collector's rent-roll with a separate revenue assessed upon it, and the specification in the sale-certificate granted under Section 28, Act 11 of 1859 in the form prescribed by the Act shows that the estate sold was an

Shah Tajmul Ali and anr. Vs. Kamala Ranjan Roy

Court : Kolkata

Subject : Civil

Reported in : AIR1936Cal138

of the Court of Wards, for a declaration that certain proceedings purported to have been taken under the Estates Partition Act (Act 5 of 1897 B. C.) are void from a particular point of time and that every thing … on a construction of Sub-section 57, 58 and 59, and Sub-section 90 and 113, Estates Partition Act. Under Section 58 of the Act the Deputy Collector submitted the papers to the Collector for the sanction of the … by its order dated 30th January 1928 (Ex. 5, Part 2, p. 28) set aside the order of remand with the result that the partition

Anand Kisore Chowdhury and ors. Vs. Daiji Thakurain

Court : Kolkata

Subject : Family

Reported in : AIR1915Cal571,28Ind.Cas.580

the 9th March 1907 on the ground that it was not maintainable under the provisions of the Bengal Estates Partition Act, 1897. This decision was reversed by this Court on the 9th March 1909, and the case was remitted to … mutual consent and for mutual convenience, there was No. such final and definitive partition as is contemplated in Section 12 of the Estates Partition Act, 1876, and as would effectively deprive the Collector of his jurisdiction. Tins … : 17 C.L.J. 306 : 15 Bom. L.R. 426 : 2 M.L.J. 28; Suraj Narain v. Iqbal Narain 18 Ind. Cas. 30 : 13 M.L.T.

Rajah D.K. Thimmanayanim Bahadur Varu, Rajah of Kalahasti and ors. Vs. ...

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1928Mad713

Phillips, Offg. C.J.1. All these appeals relate to the recovery of allowances payable out of the Kalahasti estate. Appeals Nos. 28, 39 and 387 are from O.S. No. 50 of 1916 and 58, 69 and 70 … to his other sons. In 1890 the second son Timma filed a suit against Rajah Muthu Venkatappa for partition of the estate alleging that it was joint family property and not an impartible estate. This suit was … her husband's will and under the decree in O.S. No. 15 of 1897, a suit brought to enforce the terms of the will.3. In the … in evidence for want of registration under the provisions of the Registration Act. Under Section 17 (2) (vi) of that Act a decree or order

Babanna Gurusangappa Vs. Channappa Chanmallappa

Court : Mumbai

Subject : Limitation

Reported in : (1946)48BOMLR788

this farkhat to indicate whether the estate is the widow's interest or a full ownershipv as both such estates can be placed on the khata. It is to be observed that the farkhat is only with regard … plaintiff's mother Irawa and addressed to her sister Sangawa who died in 1897 and who was the mother of two daughters under whom the defendants … carrying on the prapanchtt (living together), but since differences had occurred between yourself and myself we have got partitioned in the presence of the four learned gentlemen. The particulars of the moveable and immovoable property of your … convenient to deal with the question with regard to the Indian Limitation Act first, because if the respondents' contention is right with regard to that … appellant, who is the plaintiff, claims that under Section 14 of the Indian Limitation. Act, 1908, he … presented to the pleader on or about the 28th and that lie got his plaint back on

Kuppu Alias Kuppammal Vs. Kuppuswami Mandiri and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1984)2MLJ224

learned Counsel for the respondents herein also refers to the provisions of Section 6 of the General Clauses Act, 1897 dealing with the effect of repeal of an enactment.18. The provisions of the Hindu Women's Rights to Property … of her unchastity, the plaintiff is not entitled to succeed to the interest of her deceased husband, when Section 28 of the Hindu Succession Act, does not prescribe unchastity as a ground of disqualification for inheritance?11. Section 28 … Ramasami Mandiri became divided as early as 1943 both in status and estate by means of a koorchit dt. 7-10-1943. About two years after the … in this second appeal. The plaintiff filed the suit informa pauperis for partition.2. The case of the plaintiff as stated in the plaint is as

C.S. Vadamalai Pillai and ors. Vs. P. Subramania Chettiar and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : AIR1923Mad262; 71Ind.Cas.130

the Subordinate Judge in the light of the evidence that has been adduced. The 1st defendant got, by partition with his brothers in 1897, a piece of land worth Rs. 200 and a house worth Rs. 260 … Rs. 20,750 between 1st November 1906 and 6th September 1912 from his father who was Receiver of several estates under this High Court. This statement is borne out by the entries in his accounts, Exhibit A series, … regular and valid according to Section 59 of the Transfer of Property Act.3. In appeal the following contentions have been raised. First, that the loan … other members. In Sahu Ram Chandra v. Bhup Singh 39 Ind. Cas. 280 : 44 I.A. 126 : 21 C.W.N. 698 : 1 P.L.W. 557

C.S. Govindaraja Mudaliar, Receiver, Sri Komaleswara Temple Properties ...

Court : Chennai

Subject : Trusts and SocietiesProperty

Reported in : AIR1926Mad911; 97Ind.Cas.212; (1926)51MLJ194

and, in suits by reversioners, by adopted sons, and by co-parceners for partition, the joinder of any number of alienees is permitted without any objection … or fact would arise. There is a considerable difference between the language of this rule and that of Section 28 of the Code of 1882 which was the previous law on the point. The rule is now in … is unity of title in the plaintiff as he claims as the proper present representative of the temple estate to set aside the alleged improper alienations of the previous trustee. The series of transactions impugned are the … from them respectively is bad for misjoinder of parties and causes of action'2. In a suit brought under Section 92 of the Code of Civil

Assistant Controller of Estate Vs. Rajah Manyam Kanakayya

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (1986)16ITD544(Hyd.)

District, and adopted son of Meenakshamma wife of late Manyam Kanakayya, zamindar, vysya and zamindar of Gootala etc. estates resident of French Yanam and at present resident of Rajahrriundry, E.G. District by: Manyam Meenakshamma Zamindarini, wife of … interest known as a Hindu women's estate, provided however that she shall have the same right of claiming partition as a male owner.So it can be seen from the above that from 1937 onwards in cases where … was not the sole surviving coparcener when he executed the will in 1897. It is sufficient to quote the following observations of Viscount Dunedin in … in view of the provisions of the Hindu Women's Right to Property Act, 1937 and the limited powers of Smt. Meenakshamma over those half properties … those half properties would get themselves enlarged under Section 14 of the Hindu Succession Act, 1956 into … at Rs. 7,42,487. Rajah Manyam Kanakayya died on 28-7-1949. Before his death, while he was in sound