Chennai Court August 1928 Judgments
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Meenakshi and ors. Vs. Palaniappa thevan and ors.
Court: Chennai
Decided on: Aug-06-1928
Reported in: AIR1928Mad1138; 113Ind.Cas.873
Reilly, J.1. The plaintiff alleged fraud in respect of the decree obtained by defendant 2 against defendant 1 on a promissory note purporting to have been executed by her deceased husband, 'fraud in connexion with the Court-sale held in execution of that decree and fraud in connexion with a mortgage by defendant 1 in favour of defendant 3, subject to which the Court-sale was held. Both the lower Courts have found that no fraud has been proved in respect of the decree. So far as the Court-sale is concerned the plaintiff's allegation is that it was at the instance of defendant 2 made subject to the mortgage, which he alleges was a bogus one. If the decree stands, it is the property of defendant 1's husband which had to be sold in execution and to bring that property to sale subject to a bogus mortgage would be fraud in publishing the sale within the meaning of Rule 90, Order 21, Civil P.C. The plaintiff as next reversioner was a person who could impeach the sale under Rule 90, Order 21, ...
Secretary of State Vs. Abdul Rahim and anr.
Court: Chennai
Decided on: Aug-06-1928
Reported in: AIR1928Mad1246
1. The plaintiffs brought this suit for possession of two villages in the Chittoor District and for other reliefs against the Secretary of State for India-in-Council. The Subordinate Judge of Chittoor has granted the plaintiffs a decree for possession with mesne profits. The defendant has preferred this appeal against plaintiffs 1 and 4.2. One Mahomed Moosa was granted a pension of 60 pagodas a month for the term of his life by the East India Company in 1800 on the recommendation of Col. Alexander Read, Superintendent of Baramahal and Salem. In 1821 at the request of Mahomed Moosa seven villages were granted to him in jaghir in lieu of two-thirds of his pension to enure for three successive lives. In 1827 Mahomed Moosa applied to Government for the grant of another village in place of six of the seven villages which he could not conveniently manage and the Bast India Company granted him Vellakkuttai and allowed him to retain Gollankuttai. After his death disputes arose as to the succes...
Marri Narasayya and ors. Vs. Peruri Krishnamurthi
Court: Chennai
Decided on: Aug-06-1928
Reported in: AIR1928Mad1255
Reilly, J.1. Mr. Rama Rao for the defendants, who are the appellants here, has urged three points. He has urged' that Ex. A, which purports to show the contents of an entry in an official birth register and has been used to fix the date of the plaintiff's birth, is inadmissible in evidence as it is a copy of a copy. But the learned Subordinate Judge has found that it was admitted by consent in the trial Court and has therefore rightly refused to reject it. I agree with Mr. Rama Rao that, even if a document is admitted to the record by con sent, that alone will not enable either party to prove by that document anything which under the Evidence Act cannot be proved. But, if the parties consent that for the purposes of the case it shall be treated as showing the contents of some other document, then, although the contents of that other document could not be proved under the Act by the document produced, that is of no consequence. The parties may, if they wish, admit the contents of a docu...
The Secretary of State for India in Council Represented by the Collect ...
Court: Chennai
Decided on: Aug-06-1928
Reported in: 114Ind.Cas.626
1. The plaintiffs brought this suit for possession of two villages in the Chittor District and for other reliefs against the Secretary of State for India in Council. The Subordinate Judge of Chittoor has granted the plaintiffs a decree for possession with mesne profits. The defendant has preferred this appeal against plaintiffs Nos. 1 and 4.2. One Mahomed Moosa was granted a pension of 60 pagodae a month for the term of his life by the East India Company in 1800 on the recommendation of Col. Alexander Read, Superintendent of Bara Mahal and Salem. In 1821 at the request of Mahomed Moosa 7 villages were granted to him in Jaghir in lieu of two-thirds of his pension to enure for three successive lives. In 1827 Mahomed Moosa applied to Government for the grant of another village in place of six of the seven villages which he could not conveniently manage and the East India Company granted him Vellakkuttai and allowed him to retain Gollankuttai. After his death disputes arose as to the succe...
In Re: Thillai Govindaswami Pillai and anr.
Court: Chennai
Decided on: Aug-03-1928
Reported in: AIR1928Mad1259; 113Ind.Cas.358
Thiruvenkatachariar, J.1. The plaintiffs are the appellants in this second appeal. The suit was brought under Order 21, Rule 63, Civil P.C., to establish their right to the suit property in consequence of their claim thereto when it was attached as the property of defendant 3 at the instance of his judgment-creditors, defendants 1 and 2 having been dismissed. Plaintiffs admit that the suit property originally belonged to defendant 3. the judgment-debtor, but he conveyed it to Doraswami Pillai since deceased, who was the father of plaintiff and the undivided brother of plaintiff 2 by a sale-deed Ex. A, dated 13th September 1913, and hence it could not be attached in execution of the decree obtained by defendants 1 and 2 against defendant 3. The order dismissing the plaintiff's claim is Ex. F dated 18th August 1924. The plea of the attaching creditors defendants 1 and 2 is that the alleged sale was a sham transaction not supported by consideration but brought about solely with a view to ...
The Collector of Vizagapatam Vs. Krishna Chandra Kharasudha Patnaik an ...
Court: Chennai
Decided on: Aug-02-1928
Reported in: AIR1928Mad1181; (1928)55MLJ584
Ramesam, J.1. The first question arising in this reference is whether the Indian Stamp Act of 1899 applies to the Agency tracts. The Act itself purports to apply to the whole of British India and there is no doubt that 'British India' includes the Agency tracts of Vizagapatam District. See Section 3(7) of the General Clauses Act (X of 1897). The argument before the Additional District Judge of the Agency seems to be that, because there was no notification under the Scheduled Districts Act (XIV of 1874), Section 3, therefore, the Stamp Act does not apply to the Agency tracts. But this argument seems to rest on a misunderstanding of the object and scope of the Scheduled Districts Act of 1874. The object of that Act was to remove doubts regarding the applicability of Acts of the Indian Legislatures prior to that date and they were sought to be removed generally by the Laws Local Extent Act and secondly, by notifications either under Section 3(a) or 3(b) of the Act, either declaring certai...
(Bolisetti) Venkatanarayana and anr. Vs. (Vakkalayada) Lakshmi Punnayy ...
Court: Chennai
Decided on: Aug-02-1928
Reported in: AIR1928Mad1232
Reilly, J.1. This suit deals with two-contracts for the delivery of paddy of various kinds by the defendants to the plaintiffs. The contracts are represented by Ex. C, dated 21st January 1919, and Ex. B, dated 2nd June 1919. At this stage of the litigation it is not disputed that the defendants failed to complete the delivery of the paddy required under either of these contracts and that the plaintiffs are, therefore, entitled to some damages. But it has first been contended by Mr. Venkatarama Aiyar for the defendants that the damages must be limited in the special circumstances of this ease to four annas a bag. It appears that at the dates of these contracts and at all material dates food-control by the Government was in force in this Presidency; and it also appears from Ex 6 series that the plaintiffs, when obtaining a license for the transport of the paddy covered by these contracts from Repalli, where it was to be delivered, to Guntur, where they then intended to mill it, gave an u...
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