Chennai Court September 1911 Judgments
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R.M. Swaminatha Naicker Vs. R.P. Paul and ors.
Court: Chennai
Decided on: Sep-06-1911
Reported in: (1912)22MLJ148
1. In this case, the City Civil Judge at first dismissed for default an application by a judgment-debtor under Order XXI, Rule 89, C.P.C. Subsequently on application made by him, the Judge re-heard the petition for setting aside the sale and cancelled the sale, the judgment-debtor having paid the deposit required by the rule above referred to. The purchaser prefers this appeal against the second order of the City Civil Judge setting aside the sale. It is contended that the learned Judge had no jurisdiction to set aside his former order dismissing the judgment-debtor's application for default and that Order IX, Rules 9 and 4, of the C.P.C. are not applicable to applications for execution. The learned Judge did not pass the order under either of these rules, but he held that he had the power to do so apart from these rules, and he refers to Section 151 of the C.P.C. as justifying his action. It is unnecessary to decide whether the principle of Order ix, Rules 9 and 4, would be applicable...
Jamna Doss Vs. A.M. Sabapathy Chetti
Court: Chennai
Decided on: Sep-06-1911
Reported in: (1911)21MLJ1074
[After dealing with the case on the merits and revoking the sanction of the ground that the petitioner had not made any contradictory statements, their Lordships proceeded as follows : Ed.]1. A preliminary objection was raised by Mr. K. Ramanatha Shenoi that this Bench, sitting on the appellate side of the court, has no power to hear this appeal. The appeal is preferred under Section 195 of the Criminal Procedure Code. Clause 7(c) of that section provides 'where no appeal lies, such court (i.e., the court granting the sanction) shall be deemed to subordinate to the principal court of original jurisdiction within the local limits of whose juridiction such first mentioned court is situate.' According to this clause, an appeal against an order of the Small Cause Court granting sanction would lie to the High Court because the High Court is the principal civil court of original jurisdiction within whose jurisdiction the Presidency Court of Small Causes is situate. Mr. Ramanatha Shenoi conte...
Varadaraja Appa Rao Bahadur Zamindar Garu Vs. Gudavalli Brahmayya
Court: Chennai
Decided on: Sep-05-1911
Reported in: 12Ind.Cas.585; (1911)21MLJ1098
1. The finding of the lower appellate court is that the proper rent for the defendants land according to the rates prevailing in the village is what is claimed by the plaintiff in his plaint. It has also found that it was on account of a usage entitling Velama holders to pay a lower rate of rent that the rent levied from the defendant's vendor was lower than the normal rate. Having given these findings, the lower appellate court considered itself bound by the decision in Manavikrama v. Rama Pattar I.L.R. (1897) M. 275 to hold that the plaintiff was not entitled to recover rent at the rate claimed. The learned Judge himself distinguishes the facts of that case from those in the present case, but still he has felt himself bound to follow that ease. In our opinion, that decision has no application at all to this case. There, the Zamorin sought to recover from the defendant in the suit certain fees on the ground of usage he contended that the usage set up governed the incidents of all cont...
Nadarsa Rowthen Vs. Amirtham and ors.
Court: Chennai
Decided on: Sep-04-1911
Reported in: (1912)22MLJ1
1. The District Judge is mistaken in supposing that if there was a tenancy from year to year it terminated on the death of Chidambaram. There is no finding in this case as to the nature and the term of the tenancy, and the decisions to which we have been referred do not determine the incident of this tenure. These incidents must, we think, be determined on evidence as to the custom of the locality, and we have therefore decided to call for findings on the following issues:1. What are the incidents of kasavargam tenancy with special reference to the term of such tenancy ?2. Did the defendants Nos. 1 and 2 or their predecessors refuse to perform services in accordance with the terms of the tenancy ?3. Has the tenancy been determined, and, if so, how Fresh evidence may be taken of witnesses called by the parties and of such other witnesses as the District Judge may think fit to call.In compliance with the order contained in the above judgment, the District Judge of Tanjore submitted the f...
Kai Krishnamachariar Vs. Bagiammal and anr.
Court: Chennai
Decided on: Sep-04-1911
Reported in: (1912)22MLJ125
1. We agree with the learned District Judge that the decree does not provide for payment of interest of costs by the 9th defendant who is now represented by the 12th defendant. The appeal is dismissed with costs. The memorandum of objections raises the question whether the plaintiff is entitled to execute his decree for costs against the 9th defendant when it appears that the third item of the mortgaged properties has not yet been sold. But this item was released on the 12th defendant the legal representative of the 9th defendant, himself laying claim to it as his own property. That being so it could not reasonably be said that the plaintiff cannot execute his decree for costs against other properties of the 9th defendant. The cases in Shanmuga Pillai v. Ramanathan Chetti I.L.R. (1894) M. 309 and Phirbu Narain Singh v. Amir Singh I.L.R. (1907) A. 369 make it clear that a mortgage-decree-holder is not bound to make attempts to sell properties which are shown to belong to persons other t...
Sri Raja Ravu Venkata Kumara Mahipathi Surya Rao Bahadur Garu Vs. Sir ...
Court: Chennai
Decided on: Sep-01-1911
Reported in: (1911)21MLJ965
1. This execution appeal relates to the mesne profits of certain lands for which the plaintiff obtained a decree against the defendant. While the litigation for the possession of lands was going on the defendant's estate was managed by the Court of Wards, the defendant being then a minor. The dispute, relates to the mesne profits of Faslis 1306 to 1315 inclusive. The appellant is the defendant and the plaintiff has put in a memorandum of objections in which she impeaches the correctness of a portion of the order of the lower court.2. The appeal relates to three points. The first of these raises the question whether the defendant is entitled to deduct the water-tax paid by him to Government while he was in possession, in calculating mesne profits due to the plaintiff. There is no doubt that ordinarily in calculating mesne profits public taxes paid by the person liable would be deducted, but in this case the defendant was entitled to recoup himself by collecting the tax from the ryots in...
Ranchode Dass Govardhan Dass Vs. Krishna Dass
Court: Chennai
Decided on: Sep-01-1911
Reported in: 12Ind.Cas.253; (1911)21MLJ1096
1. This is an appeal from the judgment of Wallis J. declaring that the appellant has sufficient assets of his deceased father in his hands to meet the plaintiff-respondents claim and directing the appellant to pay to the respondent the amount of the appellate decree dated the 5th April 1906, viz., Rs. 9,308-5-2 plus interest on the principal sum of Rs. 7,358-12-0 from 22nd March 1905.2. The appellant's father died in February 1903, leaving the-appellant his only son, and the respondent obtained the above-mentioned decree against the appellant payable out of the assets in the latter's hands of his deceased father. In execution of the decree certain properties in the defendant's possession were attached and he alleged in those proceedings that he had no assets of his father. An enquiry was then held and the learned Judge found against him.3. It appears to have been admitted by the appellant in an affidavit filed by him is certain proceedings that assets of his father to the extent of Rs....
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