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Chennai Court November 1928 Judgments

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Nov 01 1928

Raja Ramaswami (Dead) and ors. Vs. Govindammal and ors.

Court: Chennai

Decided on: Nov-01-1928

Reported in: AIR1929Mad313; 118Ind.Cas.481; (1929)56MLJ332

Thiruvenkatachariar, J.1. This is an appeal preferred by defendant 3 in O.S. No. 641 of 1924 on the file of the City Civil Court. By the decree passed in that suit the appellant is directed to deliver up to the plaintiff, who is the 1st respondent in this appeal, possession of the suit property and also pay him the mesne profits as ascertained therein and also his costs of the suit. Defendant 5 in the suit is impleaded as respondent 2 in this appeal.2. The material facts of the case as to which there is now no dispute are as follows:The suit property which is a house and ground in Old Washermanpet belonged to one Venkatarama Chetti. He died on 6th September 1904, leaving him surviving a son named Rangan Chetti, a grandson by that son named Krishnappa Chetti and also a widowed daughter and two grandchildren by her. On 22nd July 1904, he executed a will in respect of his properties which among others comprised the suit property. As regards the suit property, the provisions of the will ga...


Nov 01 1928

Secy. of State and anr. Vs. M. Murugesa Mudaliar and ors.

Court: Chennai

Decided on: Nov-01-1928

Reported in: AIR1929Mad443; 118Ind.Cas.780

Venkatasubba Rao, J.1. The first civil revision petition raises a question in regard to the scope and effect of Order 1, Rule 10, Civil P.C. The suit was filed by the plaintiff in the Munsif's Court for a declaration that he was a duly elected member of the Chingleput District Board. He impleaded as defendants: (1) the District Board of Chingleput and (2) the President of that Board. He prayed not only for a declaration as stated above but also for the issue of a mandatory injunction directing the defendants to recognize him as a duly elected member of the District Board. The Government applied to the lower Court for being added as a party. That application was refused by the District Munsif and in this civil revision petition, his order is attacked by the Government.2. The allegations in the plaint are shortly summarised thus by the learned District Munsif:On 30th March 1928 the President, Taluk Board, Chingleput, convened a special meeting of the Taluk Board for the election of a mem...


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