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Hem Chandra Chakravarti and ors. Vs. Sarabala Datta and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1930Cal265,121Ind.Cas.747

1915, declaring the estates to be under separation and also under partition under Sections 5, 6 and 29, Estates Partition Act (Beng. 5 of 1897). An estimate of cost was prepared - cost of separation of the lands of … drawn up on 24th July 1915, declaring the estates to be under separation and also under partition under Sections 5, 6 and 29, Estates Partition Act (Beng. 5 of 1897). An estimate of cost was prepared - … I have held that it does apply - the costs under Sections 37 and 38 of the Act are to be levied proportionately on all

Pushavathi Vijayaram Gajapathi Raj Manne Sultan Bahadur, Raja of Vizia ...

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Law; Madras Impartible Estates Act, 1904; Evidence Act, 1872 - Sections 101 to 103; Tenancy Law; Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Sections 3, 12, 18, 18(1), 18(2), 18(3), 18(4), 45 and 66(1)

Reported in : AIR1955Mad219

with reference to any given piece of property. The second question was whether the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act, Act XXVI of 1948 hereinafter referred to as the Abolition Act, overrode … Rajagopalan, J.1. The preliminary decree in this suit defining the shares for the partition of the properties among the heirs of Alak Narayan, was issued on 11-9-1950. There was no dispute either … any incorporation. Apart from other considerations, Chitti Babu was a minor between 1897 and 1904. There could therefore be no question of any incorporation during … the Abolition Act affect the par-tibility or otherwise of these items. 32. Section 12 of the Abolition Act concludes, in my opinion, the rights of

Lakhi Chowdhuri and ors. Vs. Akloo Jha and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 13Ind.Cas.123

the joint owners of an estate which is now in course of partition under the provisions of the Estates Partition Act of 1897. In the partition proceedings the first defendant put forward a claim that he was the tenant … had not been joined as a party and, secondly, that the suit was barred under the provisions of Section 25 of the Bengal Estates Partition Act.2. In respect of the first objection, the learned Judge held that … Nath Chowdhury v. Kali Narain Roy Chowdhury 7 Ind. Cas. 881 : 37 C. 662 : 15 C.W.N. 45.6. As pointed out in the case

Ashutosh Roy Chowdhury and ors. Vs. Mono Mohan Roy Chowdhury and ors.

Court : Kolkata

Subject : Property

Reported in : AIR1927Cal65,97Ind.Cas.539

the Cadastral Survey Plots Nos. 1020 and 1021. There was subsequently a partition of the estate under the Estates Partition Act (V of 1897, B.C.). There was a direction by the Board of Revenue that the Record of Eights … already cited by the appellants; Janki Nath v. Kali Narain Roy [1910] 37 Cal. 662; Abdul Latif Meah v. Amanaddi Patwari [1911] 15 C.W.N. 426; … Court was barred by limitation and that the Court acted wrongly in extending the period of limitation under Section 5 of the Limitation Act. This argument is based on the following facts. Judgment was delivered by the

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 … separate number and a separate amount of Government revenue, was not an entire estate within the meaning of Section 37, Act 11 of 1859. It has been urged that the portion of an estate for which a separate

Vasudeva Menon and Others Vs. M/S. K.J. Plantation

Court : Kerala

Subject : Land Acquisition

by document No.953/1978 executed by the above persons. According to the petitioner, M/s. K.J. Plantations consists of three estates that is Mount Rubi Estate, which is item No.1 in the E.P., Saphire Estate which is item No.2 … F. A. No.12/2010 is directed against the order in EA. No.38/09. The said Suit, OS.No.1/64 was one for partition. Following a preliminary decree, a final decree came to be passed. As per the final decree, the appellants … both the parties. A1 purports to be the lease of the year 1897. A2 is the copy of the agreement between the lessor and Anglo … efflux of time as per Section 111(g) of the Transfer of Property Act. The lease was not renewed and they have relinquished their leasehold right … No.3 is Karimala Estate having an extent of 375 acres. The 914 acres originally belonged to Vengunad

Atika Begum, Vs. Haji A.A.M. Abdulla,

Court : Chennai

Subject : PropertyFamily

Acts : Transfer of Property Act - Sections 6, 10 and 11

Reported in : (2002)2MLJ4

shares of the properties. 6.2. Similarly, defendants 2, 91, 117 and 118, in their written statement, prayed for partition and separate possession of their 2947.88 shares in the suit property.6.3. Defendants 33, 37 and 52, in their … taxed and noted in the margin thereunder shall be met from and out of the assets of the estate. 8.4. For the purpose of clarity, we are obliged to extract Schedule `A' and Schedule `B' of the … the sharers, imposed in the registered Will dated 11.2.1897, which is admittedly acted upon by all the parties as a family settlement, creates a right … over the suit property.13.5. In this regard, we are obliged to refer Section 10 and 11 of the Transfer of property Act, which read as

Mariammal Vs. Govindammal

Court : Chennai

Subject : Family

Reported in : (1984)2MLJ397

file of the Subordinate Judge, Mayuram, is the appellant herein. The suit was filed by one Nagammal for partition and separate possession of the plaintiff's 1/6 share in all the suit properties which included both immovables and … though brought from another family'. (Manu ix 141).An adopted son shall never take the family name and the estate of his natural father, the funeral cake follows the family name and the estate, the funeral offerings of … that very many particulars have been suppressed in the plaint and the action has been laid falsely. The allegation that Chinnathambia Pillai died intestate is … held that the plaintiff will have to pay the deficit court-fee under Section 37(l) of the Court-fees Act. The court-fee paid is not correct and

Mariammal Vs. Govindammal and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Succession Act, 1925 - Sections 9, 74 and 103; Hindu Adoptions and Maintenance Act, 1956

Reported in : AIR1985Mad5

is the appellant herein. The suit was filed by one Nagammal for partition and separate possession of the plaintiffs 1/6th share in all the suit … from another family' (Manu ix 141) *( ..........)'An adopted son shall never take the family name and the estate of his natural father, the funeral cake follows the family name and the estate, the funeral offerings of … No. 12, the triad Court held that the plaintiff will have to- pay the deficit court fee under section 37(1) of the Court-fees Act. The Court fee paid is not correct and the plaintiff has to pay additional

Maganti Veerabhadrayya Vs. Sree Rajah Bommadevara Naganna Nayudu Bahad ...

Court : Chennai

Subject : Property

Reported in : (1927)52MLJ38

defendant's claim to permanent right of occupancy in them is based on Clause 1, Section 6 of the Estates Land Act and for that clause to apply the land.must be a 'ryoti land not being old waste'. … have made so far, I have dealt with these lands till the year 1895. In 1896 began the partition suit between the North and the South Vallur Zamindars. A Receiver was appointed by Court and all the … a period of twenty years, that is, from the year 1878 to 1897. These are statements relating to collection and arrears of revenue maintained by … Kamatamdo. 132.56 Relinquished by ryots and absorbed into 170.79 Kamatam.6. 23--D 1886--1887 37.35 Immemorial Kamatam 119.7 Relinquished by ryots and absorbed into 156.42 Kamatam.7. 23--E