Chennai Court September 1927 Judgments
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Sheik Devood Rowther and ors. Vs. Sri Renuka Devi Amman Temple at Vija ...
Court: Chennai
Decided on: Sep-27-1927
Reported in: 108Ind.Cas.416
1. This appeal must be allowed. The short question raised on behalf of the appellants is that the lower Appellate Court in deciding on the question of necessity for the grant of the permanent lease to the defendants by previous trustees did not take into consideration the fact that the grant of the permanent lease found by the lower Appellate Court was more than 60 or 70 years ago and that, therefore, there could not, reasonably speaking, be any material or evidence available directly to establish such justification or necessity for the grant of the permanent lease. The lower Appellate Court has also failed in coming to a conclusion on the question to take into consideration the circumstance that successive dharmakartas are shown by the receipts granted by them to have ratified the permanent lease and recognised the lessees as holders of a permanent lease. The learned Vakil for the appellant has drawn our attention in this matter to the observations of their Lordships of the Judicial C...
S.V.L. Sevugan Chettiar Vs. Secy. of State
Court: Chennai
Decided on: Sep-26-1927
Reported in: AIR1928Mad261; 110Ind.Cas.878
Srinivasa Aiyangar, J.1. Having been afforded the opportunity of perusing beforehand the judgment of my learned brother in this second appeal, I have deemed it unnecessary to deal at any great length with the arguments in this case or the decisions that were cited.2. The question of the liability of zamindar or inamdar or as for that matter, any other landholder for the payment of cess for water used for purposes of cultivation depends undoubtedly on the extent to which he is entitled to supply of water free of charge. The extent to which he is so entitled to such free supply is, in the absence of a clear and definite arrangement or engagement, that is to say in most cases, determined by the accustomed supply of water at the time of the grant. In some cases and where there are no other means of determining such extent the pieces of land which are entitled to supply of water for wet cultivation and the number of crops for which such plots are entitled to such supply will undoubtedly be ...
Local Fund Overseer Vs. Pakkirisami thevan
Court: Chennai
Decided on: Sep-23-1927
Reported in: (1928)55MLJ213
ORDER1. These two revision petitions have been filed on behalf of the District Board of Tanjore against the judgments of the Stationary Sub-Magistrate of Mayavaram acquitting the accused in each case of an offence punishable under Section 207(a) and Schedule VIII of the Local Boards Act. Under Section 166(1) of that ActNo person shall, on any public road in a district, ply any motor vehicle for hire, or use any such vehicle for carrying passengers or goods at separate fares or rates on such road, except on a license obtained from the President of the District Board.2. Under the further provisions mentioned above failure to obtain a license is punishable. In C.C: No. 179, to which Criminal Revision Case No. 101 relates, the complaint against the accused was that hecommitted the offence of plying a motor car, Tan. 234, for hire in the District Board Road No. 7-A, two trips, from Mayavaram to Tranquebar, without obtaining the license from the President, District Board, Tanjore.3. The term...
S.S. Jagannadhaswamy Naidu Vs. T. Manikyam
Court: Chennai
Decided on: Sep-23-1927
Reported in: AIR1928Mad161; (1928)54MLJ570
Madhavan Nair, J.1. This petition raises the question whether sanction under Section 197 of the Criminal Procedure Code should be obtained before instituting criminal proceedings against a Tahsildar who acted as a polling officer in connection with a municipal election.2. The facts are briefly these: Under G.O. No. 1367, L. & M., dated April 3, 1925 ...where a Chairman of a Municipal Council or the President of a Local Board desires to have the services of an officer of the Revenue Department for the conduct of a particular election he may apply to the Collector and the Collector may spare an officer's services if he is able to do so. Acting under the Government Order, the Chairman of the Ellore Municipality obtained from the Collector the services of the petitioner, a Tahsildar, to act as a polling officer in the 5th Ward of the Ellore Municipality during a recent municipal election. It is alleged that, while acting in that capacity, the petitioner committed an offence under Section 5...
R. Namperumal Naidu Vs. Alwar Naidu and ors.
Court: Chennai
Decided on: Sep-23-1927
Reported in: AIR1928Mad831; 110Ind.Cas.377
Madhavan Nair, J.1. This is an appeal against the order of the Subordinate Judge of Trichinopolyi refusing to restore to file O.S. 87 of 1920 which was dismissed by his predecessor on 17th September 1923. The suit was for partition and recovery of one-third share of the plaint properties. The plaintiff based his claim on a 'will' purporting to have been executed by the deceased father of himself and defendants 1 and 2. The contesting defendants raised the plea that the 'will' was not a true one binding on them. After the framing of the issues the case was posted for final hearing, but it had to be adjourned from time to time as the 'will' and the connected records had been filed in a criminal Court in some proceedings between the parties. The case was last adjourned for the purpose of securing the 'will' to 4th September 1923. On 3rd September 1923, the 'will' was received by the Court. On the 4th, as the parties were not ready with their evidence, and at their joint request, the case ...
Vadlamannati Sundaramma and anr. Vs. Uppaluri Seeta Ramayya and ors.
Court: Chennai
Decided on: Sep-23-1927
Reported in: AIR1928Mad909a
Ramesam, J.1. This appeal by the plaintiffs and the memorandum of objections by the defendants (respondents 1, 3 4 and 5) arise out of a suit filed in the subordinate Judge's Court of Bezwada So recover about Rs. 40,000 on the basis of an equitable mortgage.2. Defendants 1 to 4 are the heirs and executors of one Uppaluri Venkatarama Seshayya who borrowed the suit amount, defendant 1 being the son, defendant 2 being the widow and defendants 3 and 4 being the executors under the will. Defendant 5 is the subsequent mortgagee and purchaser of some of the properties. Defendants 6 to 8 are legatees of some of the properties under the same will, defendant 8 being the same person as the third but impleaded as legatee. Plaintiff 1 is the widow and plaintiff 2 is the son of the original creditor Venkataramayya. Venkataramayya was originally a native of the Kistna. District, but latterly he was residing at Madras and was carrying on money lending business and was occasionally going to the Kistna ...
Ramaswami Goundan and ors. Vs. Karuppa Mudali
Court: Chennai
Decided on: Sep-22-1927
Reported in: 108Ind.Cas.67; (1928)54MLJ321
Tiruvenkatachariar, J.1. In execution of a money decree passed against the assets of one Nallasami Goundan deceased, the respondent, decree-holder, attached some immoveable properties as the properties of the said Nallasami Goundan. Thereupon the petitioners preferred a claim under Order 21, Rule 58, alleging that the said properties are in their possession on their own account and are not liable to be attached in execution of the decree against Nallasami Goundan. The District Munsif has dismissed their claim. In his order he finds in favour of the claimants that they were in possession of the properties attached, but he comes to the conclusion that the claim must be dismissed because upon the evidence adduced before him, he is satisfied that a prima facie title to the property in the judgment-debtor has been made out. The decree-holder's case was that the property belonged to Nallasami Goundan who had become divided from the claimants who are his brothers and that Nallasami Goundan se...
Pasungilia Pillai Vs. Isakkimuthu Pillai and ors.
Court: Chennai
Decided on: Sep-22-1927
Reported in: AIR1928Mad349
Srinivasa Aiyangar, J.1. The question that has been argued in these second appeals bears almost exclusively on the construction of a document bearing date '25th June 1908 and marked as Ex. A in the case. The question is whether, having regard to the terms of the document and the various clauses therein, it must be held as a document made by the executant to have operation inter vivos and immediately and, therefore, irrevocable in its nature, or whether it was of an ambulatory character being merely a testamentary document and therefore revocable. We heard arguments at great length on both sides. We have also carefully considered all the terms and clauses in the document, the original of which is in the Tamil language and character. It may at once be stated that the solution of the question is not entirely free from difficulty, but at the same time we can only do the best and arrive at the conclusion that appears to be the most reasonable, having regard not only to the (terms of the doc...
M.O. Umar Uduman Tharaganar Vs. Moideen Pillai Sahib
Court: Chennai
Decided on: Sep-22-1927
Reported in: AIR1929Mad257
Curgenven, J.1. The petitioner applies to have revised an order of the Subordinate Judge of Tinnevelly declaring his election as councillor for the Kila Viraraghavapuram Ward of the Palamcottah Municipality, which was held on 25th September 1926, invalid and directing that a fresh election should be held to elect a councillor. The petitioner in that application, now the respondent, advanced six grounds for unseating his opponent. The learned Subordinate Judge rejected five of them but upon the sixth, which was in point of order the first, held that the election was marked by irregularity which materially affected it. The substance of that ground relates to the construction of Rule 15 of the rules for the conduct of election of municipal councillors. According to that rule, if a voter is unable to read the ballot paper or to make a cross thereon, and applies for assistance in doing so, the polling officer shall read; it for him and, if so required, mark the ballot paper according to the...
Rajagopala Aiyar Vs. A. N. K. R. M. Raman Chettiyar and ors.
Court: Chennai
Decided on: Sep-21-1927
Reported in: AIR1927Mad1190a
1. The appellant before us is defendant 3 in the suit which was brought to enforce a mortgage bond, Ex. A, dated the 20th May 1920, executed in favour of the plaintiffs by defendants 1 and 2 and by defendant 3's mother on his behalf as his guardian, he being then a minor. The plaintiffs who are the mortgagees under Ex. A, are the proprietors of four different firms which have their principal place of business at Madras. Their case is that each of the said firms had dealings with the firm of R. Rangaswami Ayyar & Sons which was carrying on business in Javuli or cloths at Madras having also a branch of the same business at Madura. The plaintiffs say that for the purposes of the trade of R. Rangaswami Ayyar & Sons, Hanumantha Ayyar who was the managing proprietor of the said business borrowed moneys from each of them from time to time and also purchased piece goods from them, and that in connexion with his Madura branch the said Hanumantha Ayyar also borrowed moneys from plaintiff 1 for p...
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