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Rai Baijnath Goenka Vs. Maharaja Sir Ravaneshwar Prasad Singh

Court : Mumbai

Subject : Civil

Reported in : (1922)24BOMLR974

the plaintiffs would have been entitled respectively if no partition had taken place, and Section 26 of the Estates Partition Act, 1897, was not in the decree complied with. Baijnath Goenka appealed from that decree to the High Court at … necessary. The questions as to what were such substituted shares were questions which arose within the meaning of Section 47 of the Code of Civil Procedure, 1908, between the parties and related to the execution and satisfaction of

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 … to the rights it conferred. Sections 12 and 47 of the Abolition Act regulated the interests of … 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

Brojendra Kishore Roy Chowdhury Vs. Kali Kumar Chowdhury

Court : Kolkata

Subject : PropertyCivil

Reported in : AIR1919Cal815,(1919)ILR46Cal236

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act V of 1897. But the case provided for in that section is not the case with which we … in Alam Raja. In the parent estate there had been opened three separate accounts known as Nos. 38, 47 and 49. Plaintiff-respondent No. 1 is a co-sharer in separate account No. 38, while he and the other

Brojendra Kishore Ray Chowdhury Vs. Kali Kumar Chowdhury and ors.

Court : Kolkata

Subject : Land Acquisition

Reported in : 46Ind.Cas.967

provision regarding lands common to a number of estates to be found in Section 6 of the Bengal Estates Partition Act, V of 1897. But the case provided for in that section is not the case with which we … in Alam Raja.5. In the parent estate there had been opened B separate accounts known as Nos. 88, 47 and 49. Plaintiff-respondent No. 1 is a co-sharer in separate account No. 38, while he and the other

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

Court : Chennai

Subject : FamilyProperty

Reported in : AIR1928Mad713

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 … under the decree in O.S. No. 15 of 1897, a suit brought to enforce the terms of … the' properties in execution of other decrees could not be regarded as the representatives of the judgment-debtor within Section 47, Civil P.C. From this decision of the District Judge an appeal was taken to the High Court (reported … 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 … 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

Chhotabhai Motibhai Vs. Dadabhai Narandas

Court : Mumbai

Subject : Civil

Reported in : AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715

next friend of the minor Kalidas, filed a suit against the father Motilal and the two mortgagees for partition and accounts of his share in the ancestral property on the ground that his father who was addicted … on in 1902. About a year after the mortgages were created, i.e., 1897, one Chaturbhai, a paternal uncle of the minor Kalidas' mother Kashi, wife … a personal benefit on Janardan without liability of accounting, that Mukund had no right to dictate that his estate, in which he had no interest after his death, shall receive only a fixed amount of income, and … for an account of the said mortgages under the Dekkhan Agriculturists' Relief Act, and that the mortgaged property be released from the mortgages and handed … during the pendency of a contested suit under Section 52 of the Transfer of Property Act.(3) The

Kuppu Alias Kuppammal Vs. Kuppuswami Mandiri and ors.

Court : Chennai

Subject : FamilyProperty

Reported in : (1984)2MLJ224

contending as follows: Beeki Mandiri and 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 partition, Ramasami died. Thereafter, the plaintiff's … 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

Satish Chandra Chatterjee Vs. Kali Charan Choudhury

Court : Kolkata

Subject : Tenancy

Reported in : AIR1925Cal437

interest in which fell to his share upon a partition made in the year 1914 under the Bengal Estates Partition Act V. (B.C.) of 1897. The Munsif of Basirhat decreed his suit: but the Subordinate Judge of 24 Parganahs, … still subsisted. Accordingly, it became necessary for him in making the partition to exercise the powers conferred by Section 81 of the Act and there again proper notices were served on the tenants concerned. None of the … and the exercise of jurisdiction. [See also Krishna Kishore v. Amarnath (1920) 47 Cal. 770.] One has to look to the position created by the

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 … of the defendants first party was that the lands of Bambhai measured. 47 acres; that no formal private partition of the village had ever taken … 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

Gomi Bai and ors. Vs. Uma Rastogi and anr.

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102

Reported in : 2005(2)ALD631

should be explicit assignment of right of a party to the contract to a third person.54. General Clauses Act, 1897 also does not define the term 'representative in interest' or 'legal representative'. Indian Succession Act, 1925 also does … comply with the requirements as per Form Nos. 47 and 48 of First Schedule of Code of … to the benefit of counterpart agreement. In the insolvency proceedings, the Official Assignee of Madras as assignee or estate of Venkata Subrahmanya Ayyar conveyed the right, title and interest of the insolvent in the house and the … creates a trust in favour of a stranger. Persons not parties to partitions or family arrangements claiming benefits provided for them in such transactions really … husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not