Chennai Court April 1914 Judgments
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Kumara Venkata Perumal Raja Bahadur Varu by Guardian, W.A. Waradachari ...
Court: Chennai
Decided on: Apr-15-1914
Reported in: 24Ind.Cas.195
Wallis, J. 1. It is admitted by the respondent that the District Judge's order cannot be supported on the ground that the second period during which the estate was under the management of the Court of Wards should be excluded. During this period of management decrees were not transferred to the Collector for execution and the provisions of the Court of Wards Act and the Civil Procedure Code under which time is to be excluded in that case do not apply.2. It has, however, been sought to exclude the operation of the twelve years' rule under Section 48, Civil. Procedure Code, on other grounds. The decree in the present case was dated the 2nd May 1890. Though a mortgage decree it does not follow the form prescribed by Section 89 of the Transfer of Property Act, but gives the plaintiff a personal decree for the whole amount and not merely for the balance that might be found due after the sale of the mortgaged properties. Accordingly properties of the judgment-debtor not included in the mortg...
Gopichetti Narayanaswami Naidu Receiver of Medu and Nidada - Vole Esta ...
Court: Chennai
Decided on: Apr-15-1914
Reported in: 24Ind.Cas.685
1. The 'channel of water' referred to in the plaint has been found by both the lower Courts to be a natural stream as defined in the explanation to illustration (j) to Section 7 of the Indian Easements Act. This finding is not shown to be erroneous for any reason of which we can take cognisance in second appeal and we accept it.2. It has also been found that the defendant does not take water 'for any tenement other than that which abuts on the suit channel, that there was no sensible diminution in the supply of water to the plaintiff's tank and that no loss was sustained by reason of the act of defendants.'3. The Subordinate Judge, however held that the plaintiff had a cause of action as he apprehended that the use by the 1st defendant of the water of the channel for all the lands'-whether or not abutting on the channel-' would ripen into a right.'4. On this ground the lower Appellate Court granted a declaration to the plaintiff that he was entitled to the water of the channel subject ...
Adaikka Maistry Vs. Muthusami Ambalagaran and ors.
Court: Chennai
Decided on: Apr-13-1914
Reported in: AIR1915Mad426(1); (1914)27MLJ24
1. The finding is that the widow has alienated the whole estate and that the next reversioner has consented to the alienation. The rule that the widow may alienate the whole estate with the consent of the next reversioner is not affected by the recent decision of the Calcutta Full Bench Debi Prosad Chowdhry v. Golap Bhagat I.L.R. (1918) C. 721 or by the recent decision of the Privy Council Bijoy Gopal Mukerji v. Grindra Nath Mukerji (1914) 18 C.W.N.673 which only deals with partial alienations. The decrees were right and the second appeals are dismissed with costs....
Arunachalam Chettiar Vs. Kasi Nevenda Pillai, Agent of Messes. Ralli B ...
Court: Chennai
Decided on: Apr-13-1914
Reported in: AIR1914Mad97; 24Ind.Cas.1007
Sadasiva Aiyar, J.1. The Subordinate Judge mistaken in saying that Exhibits V Series VI Series, VII Series and VIII Series mention Ralli Brothers as the other contracting party they mention Messrs. Agence Ralli Freres' winch 1 take to mean ' The Agents of Ralli Brothers.'2. Probably they mean the Agents at Pondicherry of whom the 1st defendant alleges that he is only a sub-agent (para-graph 6).3. The lower Court's finding on the 4th issue cannot be accepted as it is vitiated by its misreading of these documents he is requested to give a revised finding after considering the question whether he is merely a sub-agent of the Pondicherry Agency and whether, if the contract was with the Pondicherry Agency, the 1st defendant will evidence (if any) on the record as to the 1st defendant's undertaking to be personally liable before coming to his conclusions. 4. He will also give a finding on the 3rd issue. 4. The time for the submission of the finding will be one month from the date of the rece...
Gomatham Ramanuja Aiyangar and anr. Vs. Satagopachariar and ors.
Court: Chennai
Decided on: Apr-09-1914
Reported in: AIR1915Mad331; (1914)27MLJ329
Arnold White, C.J.1. The only question which has been raised on this appeal is as to the nature of the estate to be taken by a lady called Amirthammal in certain lands devised to her by a will executed by her uncle. The learned Judge of the Court below has held that she takes an absolute estate in this property. Mr. Ananthakrishna Aiyar on behalf of the appellants has contended that she only takes a life estate.2. There are no doubt, decisions--of which the case reported in Seshayya v. Narasamma I.L.R. (1899) M. 357, is one which proceed upon a rule of construction, or a presumption that where a Hindu testator devises or bequeaths property to a daughter or wife--(one of the beneficiaries under the will in the 22 Madras case was the daughter-in-law), the intention is that the female should only take the estate which she would have taken if she could have claimed title to the property otherwise than under the will. It seems doubtful whether this canon of construction or presumption would...
Patinharkara Vallabhan Chattan Rajah Avergal and Kuruvayil Kovilagath ...
Court: Chennai
Decided on: Apr-09-1914
Reported in: AIR1915Mad217; (1915)28MLJ669
Seshagiri Aiyar, J.1. In the Walluvanad Swaroopam there are nine Stanams. The first five of them are known as (1) the Walluvanad Vallabhan Valiya Raja Stanam (2) Vallalpat Raja (3) Thachalpat Raja (4) Etathrapat Raja and (5) the Kolathoor Raja Stanam. There are two other Stanams known as the Patinharakara Raja and the Kizhakkekara. In addition to these seven there are two female Stanams known as the Kolathoor Thamburatti Stanatn and the Kattamen Moothayal Thamburatti Stanam. It is admitted that, with regard to the first five Stanams mentioned above the senior in age belonging to the four Kovilagams attached to the Swaroopam ordinarily succeeds. These four Kovilagams are the Mangada Kovilagam, the Aripra Kovilagam, the Katanna Manna Kovilagam and the Ayiranazhi Kovilagam. The mode of succession is regulated in this way. On the occurrence of a vacancy in any one of the stanams the next in rank fills that place; when the fifth Stanam is vacant the senior in age from one of the four Kovila...
Rachamadugu Lakshminarayana Vs. Sannuthi Rama Subbiah Chetty (Died) an ...
Court: Chennai
Decided on: Apr-09-1914
Reported in: AIR1915Mad33(1); 25Ind.Cas.108
1. The deed hypothecates the property and goes on to provide that if default is made in the payment of any instalment, the whole amount shall become due and the property shall be put in possession of the mortgagee as if sold to him for that amount.2. It was executed in 1871, and following the decision in Thumbusawmy Moodelly v. Hoosain Rowthen 1. M. 1 : 2 I.A. 241 : 3 Suth. P.C.J. 198 : 3 Sar. P.C.J. 531, the document must nonetheless be regarded as a mortgage and the provision which deprives the mortgagor of his right of redemption is invalid. As the mortgage continued in existence, the purchase by the 4th defendant was subject thereto and the decree of the lower Appellate' Court is right. The time for redemption is extended by three months from today.3. The appeal is dismissed with costs....
Sakhireddy Appalaswamy Vs. Sakhireddy Venkanna and ors.
Court: Chennai
Decided on: Apr-09-1914
Reported in: AIR1914Mad118(2); 24Ind.Cas.534
1. The only question arising in this appeal is whether the alienation evidenced by Exhibit III is binding upon the appellant. Exhibit III was executed by a 'widow having a life--interest in her deceased husband's estate. It is now conceded that debts for Rs. 500 were due by the deceased and that to the extent to which Exhibit III was executed for payment of those debts it is binding on the appellant. It is argued, however, that the widow was not entitled to alienate property belonging to her husband for the purpose of paying the interest on debts due by him, that the interest on such debts is primarily payable out of the income of the property in which the widow has a life--estate though she may alienate part of such property for the purpose of discharging the interest if it is shown that there was no surplus income available for the payment of the interest.--Boddn Jaggayya v. Goli Appala Iiaju 18 Ind. Cas 275 : (1913) M.W.N. 275. and Ramasami Chetti v. Mangaik-arasu Nachiar 18 M. 113....
Gomattam Ramanuja Aiyangar and anr. Vs. Satagopachar and ors.
Court: Chennai
Decided on: Apr-09-1914
Reported in: 24Ind.Cas.20
Arnold White, C.J.1. The only question which has been raised on this appeal is as to the nature of the estate to be taken by a lady called Amirthammal in certain lands devised to her by a Will executed by her uncle. The learned Judge of the Court below has held that she takes an absolute estate in this property. Ananthakrishna Aiyar, on behalf of the appellants, has contended that she only takes a life-estate.2. There are, no doubt, decisions--of which the case reported in Seshayya v. Narasamma 22 M. 357. is one--which proceed upon a rule of construction, or. a presumption that, where a Hindu testator devises or bequeaths property to a daughter or wife [one of the beneficiaries under the Will in Seshayya v. Narasamma 22 M. 357. was the daughter-in-law], the intention is that the female should only take the estate which she would have taken if she could have claimed title to the property otherwise than under the Will. It seems doubtful whether this canon of construction or presumption w...
Chattan Rajah Avergal Vs. Raman Varma Alias Kolathoor 5th Rajah Mootha ...
Court: Chennai
Decided on: Apr-09-1914
Reported in: 24Ind.Cas.519
Sheshagiri Aiyar, J.1. In the Walluvanad Swaroopam there are nine stanoms. The first five of them are known as 3 M. 384 : 5 Ind. Jur. 542 : 8 L.A. 149 : 4 Sar. P.C.J. 259 the Walluvanad Vallabhan Valiya Raja Stanom 11 M. 106 Vellalpat Raja 16. Ind. Cas. 839 : 36 M. 570 : 12 M.L.T. 188 : 23 M.L.J. 269 : (1912) M.W.N. 912 Thachalpat Raja 16 Ind. Cas. 365 : 40 Ca. 173 : 16 Cri.L.J. 202 : 17 C.W.N. 137 Etathrapat Raja and 29 M. 390 (F.B.) : M.L.T. 183 : 16 M.L.J. 307 the Kolatlioor Raja Stanam. There are two other stanoms known as the Patinharakara Raja and the Kizhakkakara. In addition to these seven there are two female stanoms known as the Kalathoor Tliamburatti Stanom and the Katamien Moothayil Tbamburatti Stanom. It is admitted that, with regard to the first five stanoms mentioned above, the senior in age belonging to the four Kovilagams attached to the Swaroopam ordinarily succeeds. These four Kovilagams are the Mangada Kovilagam, the Aripra Kovilagam, the Katanna Manna Kovilagam and...
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