Chennai Court November 1898 Judgments
Kone Goundan Vs. Bola Naicken
Court: Chennai
Decided on: Nov-15-1898
Reported in: (1902)12MLJ387
1. It is perfectly clear from Exhibit II that the grandfather of the plaintiff gave the land in dispute to his second wife, the late Kandiakkal. There is, however, nothing in that document to show that the transfer was made subsequent to the date on which the Transfer of Property Act came into force. The defendant pleaded that the gift was made about 25 years ago, and in such circumstances it lay on the plaintiff who impeaches the gift to show that it was made after the Transfer of Property Act came into force. As there is no evidence on this point on behalf of the plaintiff, we think the lower courts were in error in proceeding on the view that the transfer was invalid, as it was not made under a registered instrument as required by the Transfer of Property Act. As the plaintiff was not in existence, at the time of the transfer and as his father assented to the transfer, it is not necessary for the defendant to rely on prescription. If any question of prescription arose here, we could...
Tag this Judgment!Krishnan and anr. Vs. Govinda Menon and ors.
Court: Chennai
Decided on: Nov-01-1898
Reported in: (1898)8MLJ294
1. The suit, though framed very inartistically was apparently treated by both the parties in the lower Courts as a suit for arrears of maintenance for the period during which the 1st plaintiff resided in Palghat for the purposes of education. Part of the amount claimed is at all events what was spent in connection with his maintenance in the very limited sense of the term. We are unable to say that the view taken by the lower Courts as to the character of the suit is wrong. We accordingly overrule the objection that the suit is of the nature of a case triable by a Small Cause Court and, therefore, no second appeal lies.2. Upon the merits also, we agree with the lower appellate Court. The question as to what the duties of a karnavan are with reference to the education of the different members of the tarwad is a large one as to which little or no authority is to be found. It is essentially one which in particular cases would depend upon its own circumstances. No general rules can, theref...
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