Chennai Court March 1920 Judgments
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P. Shunmugha Velayudham Chetty Vs. Koyappa Chettiar and ors.
Court: Chennai
Decided on: Mar-03-1920
Reported in: 60Ind.Cas.635
1. The plaintiff (appellant) purchased two houses, Items Nos. 1 and 2 in Schedule B attacked to the plaint, from the 1st and 2nd defendants who are reversioners to the estate of one Sabapathy Chettiar. The deed of purchase is Exhibit A, dated 27th November 1914. The 3rd defendant purchased Item No. 1 under Exhibit XI(a) on the 20th December 1913 from one Munusamy Mudali who had bought the property from one Marimuthu Chetty, his sister Thangachiammal and Sivakami, the widow of one Pakkiriswamy Chetty, under Exhibit XI in 1908. Marimuthu and Pakkiriswamy derived their title under a deed of gift or settlement, Exhibit VIII, dated 1901 from one Karuthan. Defendants Nos. 4, 5, 9 and 10 are interested in Item No. 1 along with the 3rd defendant, Item No. 2 is in the possession of the 6th defendant the widow of one Muthusawami Chetty, her son, the 7th defendant and a lessee, the 8th defendant. Sixth defendant's husband, Muthuswami Chetti, had bought this property under Exhibit XIII(a) on the 2...
Haji Abdulla Sahib and anr. Vs. Alanji Abdul Lathief Sahib and anr.
Court: Chennai
Decided on: Mar-02-1920
Reported in: 57Ind.Cas.854; (1920)39MLJ91
John Wallis, Kt., C.J.1. A debt owing to the late Arcot Mohim was attached in execution of decrees of this court against his eldest son Abdul Rahim, and garnishee orders were obtained on the Original Side of this court for its payment into court in satisfaction of the above decrees against Abdul Rahim. The debt was not due to Abdul Rahim but to his deceased father, who was represented by the whole body of co-heirs, including Abdul Rahim, who were entitled to share in the beneficial surplus of the estate of the deceased after satisfying his debts. The garnishee order was therefore wrongly made, as it is well settled that debts owing to the judgment debtor and another are not the proper subjects of garnishee proceedings, Macdonald v. Tacquash Gold Mines Co. (1884) 13 Q.B.D. 585 still less debts due to the estate of a deceased person of whom the judgment debtor is merely a co-heir. Marshall v. James (1905) 1Ch. 432 and Burrell v. Read (1894) 11 T.L.R. 86 are authorities for the propositio...
Somasundaram Chetty Vs. Unnamalai Ammal and ors.
Court: Chennai
Decided on: Mar-02-1920
Reported in: (1920)39MLJ179
1. This matter arises in execution. A suit was brought in July 1913 against the father of a debtor who was undivided from his father, for money borrowed. The son died in March 1913. An application for attachment before judgment was obtained on the 11th July 1913. There was a simple money decree against the father executable against the assets of the son in his hands. On the 30th of July 1914, the widow of the son sued her father-in-law for maintenance and claimed that it should be charged against the family properties. The decree as prayed for was made on the 28th of November 1914. Meantime the decree-holder under the money decree brought the property to sale. He had notice of the charge created in favour of the daughter-in-law. This lady has now applied to execute her decree for maintenance against the purchaser under the money decree. It must be taken to have been found that the decree against the father-in-law was for a claim binding on the family. The first question which was argue...
Krishnaswami Iyer Vs. Appavier and ors.
Court: Chennai
Decided on: Mar-02-1920
Reported in: 60Ind.Cas.802; (1920)39MLJ498
Oldfield, J.1. The question in this case arises on the construction of Ex. A, a document drawn by unprofessional hands, and is whether under it the widow of one Srinivasa Aiyar, the vendor of plaintiff--appellant acquired any interest, which she could convey to him, The argument before the Lower Appellate Court was apparently based on a translation of Ex. A, which like that made here is inaccurate. It was conducted with reference mainly to the meaning of the expression ' with absolute right,' not to the general principles affecting the dispositions made. In the application of those principles to what actually occured there was a mistake as to the content of one phrase used. Here the argument proceeded on different lines.2. By Ex. A Nanu Iyer and his sons, 1st defendant and Srinivasa Aiyar, husband of plaintiff's vendor effected a partition ; but we are concerned only with one portion of the settlement then agreed to, that relating to the property, of which half is claimed under Ex. A, ...
Ramalinga Rowthan Vs. Sheik Ibrahim Sahib
Court: Chennai
Decided on: Mar-02-1920
Reported in: 59Ind.Cas.161
1. This decree was passed in November 1908; the time fixed for payment would expire in or about May 1909. It is contended that the new Code of Civil Procedure, which name into force in January 1909, is applicable to this ease. Upon that point there is a conflict of opinion in this Court: Vide Ramasami Reddi v. Sokkappa Reddi 48 Ind. Cas. 782 and Nimmala Mahankali v. Kallakuri Subba Rao 41 Ind. Cas. 268 . But it is not necessary to decide this question, as, in our opinion, the decree-holder is bound by the order passed on the 13th March 1917 on his application for execution. That decision is clearly binding on him: Vide Vyapuri Goundan v. Chidambara Mudaliar 18 Ind. Cas. 607. He might have appealed against it, but as he Submitted to the adjudication, it is not open to him to ignore it. It is admitted that no final order has yet been obtained as directed in the order of March 1917; consequently, the present application, for execution is incompetent. It may be open to him, if he is so adv...
Velu Malavarayan and Vs. T.M.C. Kuppusawmi Pillai Alias Kuppusawmi
Court: Chennai
Decided on: Mar-01-1920
Reported in: 59Ind.Cas.378
ORDERAyling, J..1. These revision petitions arise out of proceedings under Section 145 of the Code of Criminal Procedure before the Sub-Divisional Magistrate of Kumbakonam (Miscellaneous Case No. 49 of 1919 on his file) regarding certain lands in five villages of Papanasam Taluk. These proceedings were initiated by an order of the Magistrate, dated 26th September 1919, which runs as follows:Whereas I am satisfied that a breach of peace will take place unless action under Section 145, Code of Criminal Procedure, is taken in respect of lands, etc, now in dispute, noted here below in the schedule, both parties will appear on 8th October 1919 at Kumbakonam and put in written statements of their respective claims as respects the facts of actual possession of the subject of dispute.2. An attachment order under the last portion of Clause 4 of Section 145 followed; a schedule of the lands in dispute was appended; and also a list of the parties called on to appear and put in written statements....
Ramayya and anr. Vs. Mahalakshmi
Court: Chennai
Decided on: Mar-01-1920
Reported in: 64Ind.Cas.481
John Wallis, C.J.1. These are appeals from a decision of the Temporary Subordinate Judge of Tanjore in a suit brought by the plaintiff Mahalakshmi, who is the daugher of Parvathi, who was one of the daughters of Ramaswami, against the first defendant, who is the adopted son of Valliammai, another daughter of Ramaswami. Ramaswami made a Will in favour of one of his widows Swarnam, the grandmother of the first defendant, Swarnam made a Will giving her co-widow, Thailammai, a life-estate, and the first defendent is a donee, and the third defendant an alienee for value, from Thailammai who only had a right to dispose of her life-estate. It will be convenient to deal first with the case of the first defendant who claims under a gift made by Thailammai in excess of her powers. He contends, in the first place, that the plaintiff, who took under Thailammai's Will, cannot dispute the gift made by Thailammai long before the Will. This is quite an unjustifiable extension of the doctrine of electi...
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