Chennai Court July 1927 Judgments
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K.V. Desikachariar Vs. Chinnammal
Court: Chennai
Decided on: Jul-20-1927
Reported in: 110Ind.Cas.408
Srinivasa Ayyangar, J.At first I was inclined to consider that there might be some point in what was sought to be made out by Mr. Rajah Ayyar, the learned Vakil for the appellant. The whole contention before us with regard to the maintenance document on which the suit is based was that, it being conceded that there was no consideration for the document, the finding by both the lower Courts that the document was made and given on account of natural love and affection oannot be sustained. This is a question of fact. The Court of first instance has gone into the matter fully and given reasons for the conclusion arrived at It is, no doubt, true that the learned Subordinate Judge has not gone into the matter so fully. Very probably he thought, the matter having been clearly set out in the judgment of the District Munsif it was not necessary to go over the whole ground again, more especially as he agreed entirely with the District Munsif. Mr. Rajah Ayyar argued that the finding with regard t...
A.V.S. Sathappa Chetty and anr. Vs. S.N. Subramanian Chetty
Court: Chennai
Decided on: Jul-19-1927
Reported in: AIR1928Mad214
Ramesam, J.1. These miscellaneous appeals arise out of a preliminary judgment and decree passed by the Subordinate Judge of Sivaganga in O.S. 19 of 1917. That suit was for dissolution of a partnership, for taking accounts and for the appointment of a receiver. The suit was originally disposed of by the Subordinate Judge on 31st March 1919, on the ground that it was barred by limitation. The plaintiff appealed to the High Court and the High Court, reversing the judgment of the Subordinate Judge held that the suit was not barred by limitation and remanded the suit for the passing of a proper preliminary decree. This was on 7th October 1921. Leave [Vide A.I.R. 1922 Mad. 510-Ed.] was granted to the defendants to appeal to His Majesty in Council and that appeal terminated only very recently on 14th February 1927, [Vide ] in which the judgment of the High Court was confirmed. But long before the decision by the Privy Council the Subordinate Judge passed a preliminary judgment and a prelimina...
Sivakasi Viswanathaswami Devasthanam and ors. Vs. Koodalinga Nadan and ...
Court: Chennai
Decided on: Jul-19-1927
Reported in: AIR1928Mad246; 108Ind.Cas.401
Srinivasa Aiyangar, J.1. Some unusual and difficult points have been raised and urged in the course of the argument in these second appeals. The present appellants, it must in limine be observed, were not parties personally to the litigation or decree in the lower appellate Court and they have sought to file this appeal as the present trustees or dharmakarthas of Kasi Viswanatha Swami temple, Sivakasi. Their case is that there were two former trustees or dharmakarthas of this temple, that both of them tendered their resignation on or about the 8th July 1922, that one of the trustees died in January 1923, leaving the other alone surviving, that the resignation of the surviving trustee was accepted by the temple committee on or about the 5th August 1923, that the present appellants were appointed by the committee as the two trustees for the devasthanam and that they took over charge on the 13th January 1924. In the meantime after the death of one of the trustees and also after the accept...
C.K. Subramania Mudaliar Vs. the Chairman, Municipal Council and anr.
Court: Chennai
Decided on: Jul-18-1927
Reported in: AIR1928Mad141; (1927)53MLJ816
1. The facts of this case may be shortly stated as follows. In anticipation of a vacancy to occur in the Municipal Council of the Coimbatore Municipality, the Chairman originally fixed the 29th of August for receiving nominations, the 1st September for the scrutiny of the nominations and the 9th September for the taking of the poll. Two candidates sent letters to the Chairman purporting to withdraw their candidature on the 7th September. Under Rule 6 of the rules made by the Local Government these letters do not amount to proper withdrawals. On the 8th September the Chairman erroneously regarding the letters as proper withdrawals made a declaration that no poll was necessary. He apparently detected his mistake, dropped the proceedings and started fresh proceedings for election. He fixed the 23rd September for receiving nominations and the 4th October for polling. On the 1st October, the then sitting member declared his willingness to serve, but the Chairman, refusing to accept this as ...
Visalakshi Ammal and ors. Vs. Veeraswami Naiker and ors.
Court: Chennai
Decided on: Jul-18-1927
Reported in: AIR1927Mad1072
Wallace, J.1. It is argued for petitioner that the covenant set out in Transfer of Property Act, Section 55 (1) (g), is not one which runs with the land and the difference in language between (1) (g) and the proviso to (2) supports that view. It is also supported by the remarks in a case reported in Venkataranga Ayyar v. Ramaswami Ayyar A. I. R. 1926 Mad. which relies on Srinivasa Achari v. Gananaprakasa Mudaliar [1907] 30 Mad. 67 a ruling under the corresponding Section 65 as regards mortgages. The view of the lower Court that the proviso in Sub-section (2) covers Sub-section (1) (g) also cannot be upheld. Ex. A-1 only purports to sell such interest as the vendor had and not an absolute freehold free of all encumbrances. Sub-section (2) therefore does not import the sale of any such freehold.2. Plaintiff's claim under Section 55 (1) (g) is limited to a claim against his vendor i. e., defendant 2, and he is not entitled to a decree against defendant 1.3. I modify the decree of the decr...
Vasudevan Nambudiripad Vs. M. Kannan Nayar and ors.
Court: Chennai
Decided on: Jul-18-1927
Reported in: AIR1928Mad1094
Srinivasa Ayyangar, J.1. After considering the case carefully and the arguments advanced to us, I have com(c) to the conclusion that the appeal should be allowed. The. plaintiff is the appellant in this second appeal. His suit was for redemption of the suit land on-the footing of an ordinary kanom. The defence that was put up was that the defendants had a right of permanent occupancy in respect of the lands on the ground that they had what is known in. the customary law of Malabar as adimayavana avakasam. In the Court off first instance the District Munsif dismissed the plaintiff's action. On appeal by the plaintiff the Subordinate Judge also dismissed his appeal.2. The principle really to start from in all these oases as very justly contended, for by the learned vakil for the- respondents, is undoubtedly that each case has to be decided on the terms of the document in it, and that very little help there is generally to be obtained by comparing the document under reference with the doc...
Vasudevan Nambudripad Vs. M. Kannan Nayar and ors.
Court: Chennai
Decided on: Jul-18-1927
Reported in: 110Ind.Cas.759
Srinivasa Ayyangar, J.After considering the case carefully and the arguments advanced to us, I have come to the conclusion that the appeal should be allowed. The plaintiff is the appellant in this second appeal. His suit was for redemption of the suit land on the footing of an ordinary kanom. The defence that was put up was that the defendants had a right of permanent occupancy in res-peet of the lands on the grounds that they had what is known in the Customary Law of Malabar as adimayavana avakasam. In the Court of first instance the District Munsif dismissed the plaintiff's action. On appeal by the plaintiff the Subordinate Judge also dismissed hie appeal.The principle really to start from in all these cases, as very justly contended for by the learned Vakil for the respondents, is undoubtedly that each case has to be decided on the terms of the document in it, and that very little help tkere is generally to be obtained by comparing the document under reference with the documents in ...
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