Chennai Court September 1917 Judgments
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Vasudeva Mudaliar Vs. M.A. Velappa Nadar
Court: Chennai
Decided on: Sep-03-1917
Reported in: AIR1918Mad297; 45Ind.Cas.401
Sadasiva Aiyar, J.1. The facts are shortly as follows. The 1st defendant obtained Rs. 2,500 at Palladam within the jurisdiction of the District Munsif's Court of Tirnpur in the Coimbatore District (1st defendant also residing in that district) promising to supply cotton to the 2nd defendant at Palladam itself. The 2nd defendant had a partner (plaintiff) living at Virudupatti within the jurisdiction of the District Munsif's Court of Satur in the Ramnad District. The 2nd defendant's duty was to advance partnership moneys to customers and receive cotton at Palladam from the customers to whom advances had been made and to send on the cotton to Virudupatti. Towards the Rs. 2,500 advanced, the 1st defendant gave 6 pothies of cotton worth Rs. 525 at Palladam, but the 6 pothies were returned to him at Palladam itself as he himself promised to send it on direct to Virudupatti instead of 2nd defendant sending it on to Virudupatti.2. This was on 10th October 1910. A sum of Rs. 1-15-6 besides this...
Annavarapu Nacharamma Vs. Malladi Venkatapayya (Dead) and ors.
Court: Chennai
Decided on: Sep-03-1917
Reported in: 70Ind.Cas.903
1. This is an appeal from the, judgment of the Temprorary Subordinate Judge of Guntur removing a trustee in a suit brought under Section 92 of the Civil Procedure Code and holding her accountable. The defence in the suit was that, though provision has been made in the Will of the deceased of which the defendant is executrix for the constitution of the trusts in respect of which the suit was brought, it turned out on administration that there were not sufficient assets, and it was further pleaded that, on the facts, this suit under Section 92 of the Civil Procedure Code did not lie. We think this Objection must be supported.2. Section 92 deals with completed trusts and is inapplicable where that stage has not been reached as is alleged for the defendant in the present case. The Will of the deceased, no doubt, bequeathes a legacy for the constitution of a trust and the proper remedy to enforce the provisions of the Will is a suit for administration. It may be that it is competent to sue ...
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