Chennai Court October 1904 Judgments
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The Chennai Purasai Hindu Jananukula Saswatha Nidhi 1st Branch Limited ...
Court: Chennai
Decided on: Oct-26-1904
Reported in: (1905)15MLJ230
ORDER1. This is a reference under Section 69 of Act XV of 1882 and Rule 428 of the Rules of Procedure of the Small Cause Court on a case stated by the learned Chief Judge of that Court.2. The suit is brought by the Liquidators of a Nidhi under voluntary liquidation to recover Rs. 1,653-4-10 the principal and interest on a loan made by the Nidhi to the defendant on the 14th December 1900 under Exhibit A.3. The defendant had, at one time, been a shareholder in the Nidhi. After he had ceased to be a member on the 16th July 1900 he placed on deposit with the Nidhi the sum of Rs. 1,750 for 12 months. Before the termination of the 12 months he wanted his money back as he learnt that the affairs of the Nidhi were in an unsound condition but not being able to get it back he took a loan of Rs. 790 on the security of his deposit repayable on demand with interest at 12 per cent. under Exhibit A dated the 14th December 1900 which contained the following words: 'If perchance I fail to pay the princ...
Somasundara Mudali, Minor, by His Guardian Vythilinga Mudaliar Vs. Kul ...
Court: Chennai
Decided on: Oct-13-1904
Reported in: (1904)14MLJ404
1. The defendants Nos. 2 to 5, sons of one Soku Mudali, are divided brothers and alleged by the plaintiff to be reversioners to the estate of their uncle Muthia Mudali.2. The plaintiff claiming as the mortgagee and purchaser of the one-fourth share of the fifth defendant, sues for partition and to recover possession of that share from the first defendant who denies that the fifth defendant is a reversioner and sets up his own title as the adopted son of the deceased Muthia Mudali. The plaintiff contends that the first defendant is estopped from raising this plea by the decisions in Original Suit No. 321 of 1893, Appeal Suit No. 246 of 1895 and Second Appeal No. 1289 of 1897.3. That suit was brought by defendants Nos. 2. to 4 as reversioners to the deceased Muthia Mudali to recover the entire property including the fifth defendant's share from the first defendant who set up the same plea, of adoption now put forward by him. The fifth defendant was made a third defendant on account of hi...
Kenath Puthen Vittil Tavazhi Karnavan and Manager Shuppu Menon Vs. Nar ...
Court: Chennai
Decided on: Oct-13-1904
Reported in: (1904)14MLJ415
1. By a razi in O.S. No. 22 of 1888 the plaintiff was appointed the manager of his tarwad in the place of the then Karnavan, one Teyunni Menon. His management proving unsatis factory, a suit to which all the members of the tarwad were parties was brought to remove him. Pending the suit, the disputes between the parties were referred to arbitration. By the karar or arrangement then arrived at the plaintiff retired from the management and it was provided that even after the death of the then karnavan, Teyunni Menon, when this plaintiff next in age would be entitled to the karnavanship and management of tarwad property he was not to take up the management of tarwad affairs unless a majority of the members of the tarwad agreed to it. His debts were paid and he was given a comparatively handsome allowance.2. The karnavan having since died, the plaintiff claims against the terms of the karar to succeed to the karnavanship of the tarwad and to the possession and management of its properties. ...
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