Chennai Court April 1882 Judgments
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Srinivasa Rau Saheb, Jagirdar of Arni Vs. the Secretary of State for I ...
Court: Chennai
Decided on: Apr-15-1882
Reported in: (1882)ILR5Mad226
1. This was a suit to establish the plaintiff's right to carry through a channel called Thone Madai the rain-water falling on a portion of the hill called Thone Madai to the Periyeri tank in the village of Devakipuram, and to recover Rs. 10, being the cost of closing two breaches made by the defendants on the eastern bank of that channel. The hill in question lies in the limits of the villages of Devakipuram, belonging to the plaintiff, and of Kalkaraipadi and Tuchampadi, belonging to Government, and the channel takes its rise in that part of the hill which is situated within the limits of the Devakipuram, and runs from a distance of 30 or 40 yards from its source, and until it enters Devakipuram again, through the Government villages of Kalkaraipadi and Tuchampadi. It was alleged by the plaintiff that his ancestors had exercised the right of taking water through the channel in question from time immemorial; that that part of Thone Madai channel which lay in the limits of Devakipuram w...
Chidambara Pillai Vs. Ramasami Pillai and ors.
Court: Chennai
Decided on: Apr-04-1882
Reported in: (1882)ILR5Mad161
Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.1. We are opinion that the Judge has misconstrued this certainly obscure Section (Section 44, Civil Procedure Code), but we understand it prohibits not the joinder of several causes of action entitling a plaintiff to the recovery of immoveable property, but a joinder with such causes of action of causes of action of a different character except as excepted in the section. The decree of the Lower Appellate Court is set aside, and the case remanded for the disposal of the appeal on the merits. The costs of this appeal will abide and follow the result....
Sripati Chinna Sanyasi Razu Vs. Sripati Suriya Razu and ors.
Court: Chennai
Decided on: Apr-04-1882
Reported in: (1882)ILR5Mad196
Charles A. Turner, Kt., C.J.1. There is no doubt that a suit will not lie for a partial partition of undivided family property, but where one of two coparceners alienes to a stranger his interest in a piece of joint family property, the other co-parcener may either exercise his right of interdiction, or affirm the act and claim by partition to recover from the stranger that share to which the alienation cannot extend and which has now become his separate property.2. The decrees of the Courts below are set aside, and the suit will be remand-ed to the Court of First Instance for trial on the merits.3. The costs of the proceedings had hitherto will abide and follow the result....
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