Chennai Court September 1889 Judgments
Allareddi Subbamma Vs. Nallapareddi Adi Lakshamma and ors.
Court: Chennai
Decided on: Sep-13-1889
Reported in: 13Ind.Cas.870
1. The plaintiff's claim is based upon an allegation that her husband's family, the Allareddi family, has for a long time been joint with the family of the 1st defendant's husband, the Nallapareddi family, having equal rights in all their property.2. The evidence shows that there have been no less than three intermarriages between the Allareddi and Nallapareddi families. It is admitted that whatever landed property there is in suit stands in the name of the Nallapareddi family, and the appellant's Pleader is not able to show that any property stands in the name of the Allareddi family. When Venkatramareddi, No. 8 in the pedigree, died in 1875, the male members of the Nallapareddi fanlily became extinct, and it was not unnatural that plaintiff's son Subbareddy, who was to be married to the only daughter of Venkataramareddi, should, by arrangement, be allowed to take out the heirship certificate. In the petition, he is described as the undivided nephew and son of Venkataramareddi's senio...
Tag this Judgment!Amayur Alias Attupurath Mangampalli Agnithrathan Nambudri Vs. Kotimadh ...
Court: Chennai
Decided on: Sep-08-1889
Reported in: (1896)6MLJ319
Parker, J.1. It is found that the plaintiff was not appointed as heir of the Mangampalli Illam. He was merely married to the last surviving female in Sarvaswadanam form in order, to raise up issue for the continuance of the Illam.. No issue was born and the plaintiff's wife is dead. The claim of the plaintiff has been made to rest entirely upon the applicability of the text of Manu, Ch. IX, sloka 135 and the District Judge held that that text applied only to the woman's peculiar property.2. It has already been held by this Court in Vasudevan v. Secretary of State for lndia I.L.R. (1884) M. 157 that Nambudri Brahmins are governed by Hindu Law except so far as it has been modified by special custom adopted by them since their [305] settlement in Malabar. There can be no doubt that the Code of Manu is applicable to Nambudries, and indeed as far as this particular form of marriage is concerned the Nambudries of the West Coast have continued to follow Manu though on the Bast Coast this form...
Tag this Judgment!Sankara Vs. Kelu and ors.
Court: Chennai
Decided on: Sep-02-1889
Reported in: (1891)ILR14Mad29
Muttusami Ayyar, J.1. The question arising for decision in this second appeal is whether the sale in execution of the decree in Original Suit No. 11 of 1885 is binding on the appellant. The decree, as it was framed, was only a money decree, and it did not direct the sale of the property in dispute. Although the judgment recorded in that suit might be considered in construing the decree, it could not be used for varying the decretal order so as to convert a money decree into a decree for the sale of property in default of payment. The interest then that passed by the sale was only the right, title and interest of the judgment-debtors at the date of the attachment in execution in 1887. But by the partition effected in December 1886, the property in question vested in the present plaintiff subject, upon the facts found, to the payment of the decree-debt, and his equity of redemption could not therefore be prejudiced by the sale. The decision of the Courts below rests on the ground that a ...
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