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Beas Singh and ors. Vs. Baldeo Pathak and ors.

Court : Chennai

Subject : Land Acquisition

Reported in : 109Ind.Cas.609

the decree had otherwise been sustainable.6. The principal question is whether, in view of the provisions of the Estates Partition Act the present suit can be maintained. The partition is complete and cannot be set aside without setting aside … the defendants have no right to get partition effected under Section 7 of the Partition Act V of 1897.3. The Collector's order, dated 27th September, 1921, is illegal, ultra vires and ineffectual.4. A temporary and thereafter a … of the co-sharers and consequently no party can be added under Order XLI, Rule 20. Whatever the powers of the Court may be under Order

Sachindra Kumar Roy and ors. Vs. Nabendra Kishore Roy

Court : Kolkata

Subject : Property

Reported in : AIR1934Cal155

Kharija Taluk Gour Kishore Roy. The plaintiff applied to the Collector for partition of the estate under the Estates Partition Act (5 of 1897). To this the defendants objected on the ground of Section 7 of the Act, namely, … and the defendants are the owners of the other eight annas share of an estate, bearing Towji No. 41 of the Noakhali Collectorate and named Kharija Taluk Gour Kishore Roy. The plaintiff applied to the Collector for

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 … : 1 I.A. 55; Ram Kissen Singh v. Sheonundun Singh 23 W.R. 412 (P.C.) : 9 B.L.R. 310 note; Suraneni Venkata Gopala Narasimha Row v.

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 … | Vijayarama Gajapathi Visweswara Gajapathi Raj II (Plaintiff) 41. Vijayaram Gajapathi Raj I was the proprietor of … source of income of the estate & the circumstances of the family. Section 14 of Madras Act, 2 of 1904 specially provides for such a

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

Dhondo Khando Vs. Waman Balwant

Court : Mumbai

Subject : Family

Reported in : AIR1945Bom126; (1944)46BOMLR737

Naik had filed regular suit No. 195 of 1928 against one Dhondo Khando Naik and two others for partition of his alleged half share in Revision Survey No. 23 of Chinchani, for mesne profits of Rs. 150 … is correct.8. This question can be considered from two points of view: (1) as regards representation of the estate of the deceased plaintiff; and (2); as regards the applicability of Order XLI, Rule 4, on which both … to the length of holding that, unless all the legal representatives are actually on record, there can be no representation at all and the whole … of the Second Class Subordinate Judge of Chikodi in an application under Section 47 of the Civil Procedure Code, in regular darkhast No. 377 of … and Muhammad Hassan v. Inayat Bussuin.(1926) 100 I.C. 418. The preponderance of authority is however in favour

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 … rejected the application for review on 14th November 1925, (Ex. 6, p. 41). In the meantime possession had been delivered to the parties according to

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

Ganga Prosad Chowdhury Vs. Kuladananda Roy and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : AIR1926Cal568,94Ind.Cas.235

also contended that on the principles which are applicable to suits for partition or for construction of a Will, the decision must be held to … 193 : 4 U.P.L.R. (A.) 55 : A.I.R. 1922 All. 19.9. Judgments, orders or decrees which come within Section 41 of the Evidence Act partake of a conclusive character for certain limited purposes on the footing of their … for a declaration that a certain house situated in the town of Burdwan is a part of an estate of which he alleges he is now one of the trustees, and also for recovery of possession thereof.2.

Monmohini Guha Vs. Banga Chandra Das

Court : Kolkata

Subject : Family

Reported in : (1904)ILR31Cal357

status land the fact that the will is genuine. It operates as. a judgment in rem (Evidence Act, Section 41), and its effects cannot be nullified except by a proceeding for revocation of the probate under Section 60 … 1901 alleging that the will propounded was false.3. The will purported to devise in equal shares the testator's estate to his two grandsons, Khettra Mohan and Hara. Kumar, after they should attain majority, and directed that Banga … the first named petition, by which the properties of the deceased were partitioned between his grandsons.5. These petitions were taken up by the District Judge