Chennai Court November 1906 Judgments
Angappa Chetty and anr. Vs. G. Nanjappa Row and ors.
Court: Chennai
Decided on: Nov-28-1906
Reported in: (1908)18MLJ189
Charles Arnold White, C.J.1. This is an appeal by creditors against an. order made under Section 351 of the Code of Civil Procedure, declaring the respondents insolvents and appointing a Receiver. Anything like a satisfactory administration of the insolvency provisions of the Code is always a matter of difficulty, and in this particular case the difficulty is increased by the facts being somewhat complicated and the evidence being incomplete. For the purposes of the questions raised in this appeal, so far as they can be gathered from the evidence before this Court, the facts may be briefly stated as follows: The respondents are planters and were the owners of two estates known as the Tudor Valley Estate and the Bakely Coffee Estate. On July 20th, 1887 the respondents mortgaged the Tudor Valley Estate to Mr. Gore Langton for Rs. 25,000 and a further advance of Rs. 10,000 was afterwards made. On March 23rd, 1891, the respondents agreed to sell the Tudor Valley Estate to Rangiah Goundan f...
Tag this Judgment!Seetharama Iyer Vs. Robert Fischer
Court: Chennai
Decided on: Nov-12-1906
Reported in: (1914)27MLJ415
Miller, J.1. The condition, in the patta tendered which obliges the ryot to cultivate the land in due season cannot be said to be unreasonable in a varam agreement, provided of course that it is not read as insuring, the rent in all seasons.2. Here I am bound by the finding that the defendant might have cultivated the land had he chosen to do so.3. The measure of damages applied by the Subordinate Judge the average yield of neighbouring land, is in my opinion the right, one.4. The Petition is dismissed with costs....
Tag this Judgment!Ramakrishnam Pillai Vs. Robert Fischer
Court: Chennai
Decided on: Nov-12-1906
Reported in: (1914)27MLJ414
Miller, J.1. This case is similar to C.R.P. No. 253 of 1905 with the addition that there is here a question whether the utilization of a portion of the land for Nathankal, i. e., for growing seedlings for subsequent transplantation is or is not a proper cultivation of the land in due season. The Subordinate Judge says the landlord is not bound to provide plots for seedlings. That may be so, but that is not the question. The question is rather whether the tenant is entitled to grow seedlings for his own transplanting and if he does so whether he can be made to pay Varam for the Nathankal plot of land, if he is unable after transplanting the seedlings to grow on the same plot a crop to maturity.2. I have not been shewn any case in which the point has been decided or any evidence in the suits under consideration bearing on this question; the allegation that remission is not granted for Nathankal is beside the point.3. Prima facie the utilization as seed-bed of a reasonable portion of a na...
Tag this Judgment!N. Appacootty Mudali and ors. Vs. Muthukumarappa Mudali and ors.
Court: Chennai
Decided on: Nov-07-1906
Reported in: (1906)16MLJ558
1. [Their Lordships differed from Mr. Justice Boddam on the question of the validity of the will propounded, and proceeded as follows Ed.]. As regards the question whether probate of the will should be granted to the petitioners as executors according to the tenor, we are of opinion that they are not entitled to be treated as executors in that sense. The definition of an executor in the Probate and Administration Act, on which Mr. Sivaswamy Aiyar laid stress, merely follows the language used by Blackstone, and cannot be held to warrant an interpretation different from that adopted by a long course of authorities in England and followed here in the decisions to which our attention was drawn on behalf of the caveators by Mr. Sundara Aiyar. No doubt, the mere circumstance that the property is left by the will to trustees, without words referring to them as executors, would not prevent those persons being granted probate as the executors according to the tenor, if among the duties to be di...
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