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Chennai Court September 1928 Judgments

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Sep 03 1928

K.S. Ganpathi Aiyar Vs. Sakkarayappa Mudaliar and ors.

Court: Chennai

Decided on: Sep-03-1928

Reported in: 115Ind.Cas.147

Ramesam, J.1. This civil revision petition has been filed against an interlocutory order of the Subordinate Judge of Trichinopoly excluding certain items of evidence in the course of the trial of O.S. No. 23 of 1924. Two points have been dealt with in the order of the lower Court and have been argued before me. (1) A printed copy of the deposition of a party to the former suit, (who is the father of the present 7th defendant) which came up to the High Court in 1900, on appeal was tendered in evidence as containing an admission of the party and contradicting his present case, and (2) the 1st defendant in the case offered to give evidence of the fact that the party made an oral statement as a witness in the trial of the former suit, the oral statement being the deposition itself. The Subordinate Judge excluded both these items.2. The matter is sure to come up on first appeal, and when it does come to the High Court these points will have to be dealt with by two Judges of the High Court. ...


Sep 03 1928

Sivaswamy Iyer Vs. Thirumudi Chettiar and ors.

Court: Chennai

Decided on: Sep-03-1928

Reported in: 118Ind.Cas.499

1. This appeal is preferred against the judgment of Mr. Justice Odgers dismissing with costs Second Appeal No. 401 of 1922. The plaintiff is the appellant before us and the main question involved in this appeal is whether the suit properties which originally belonged to one Panchanathier were by his Will dated 8th January, 1928, (Ex. A in the case) dedicated absolutely for the performance of a charity styled by him as Dwadeshi Dharmam and the persons expressly nominated by him in the Will for the conduct of the said charity, viz., his nephews Venkataramaiyer and Sivaswami were constituted as mere trustees for the performance of the said charity or whether under the said Will Panchanathier bequeathed the suit properties to Venkataramier personally subject to a trust in favour of the said charity which was to be conducted by him, and after his death by his younger brother Sivaswami Iyer and after the latter's death by their heirs in perpetuity.2. The plaintiff's case is that the properti...


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