Chennai Court September 1929 Judgments
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Kidambi Tayamma and ors. Vs. Kidambi Varadacharyulu and ors.
Court: Chennai
Decided on: Sep-06-1929
Reported in: 123Ind.Cas.344
1. In dealing with this matter, we labour under some disadvantage as neither of us was a member of the Bench that disposed of the appeal.2. The petitioners are defendants Nos. 27 to 29. The petition is for leave to appeal to His Majesty in Council. The suit was brought by a reversioner questioning certain alienations made by the widow of the last male holder. The alienation in question is of the year 1875. The widow sold certain lands to the father of defendant No. 27. The High Court agreeing with the Subordinate Judge held that no necessity for the alienation was proved and on that ground the sale was set aside. The first question that arises is, is the judgment of the High Court an affirming judgment? The petitioners contend that in regard to certain other alienations, the High Court took a different view from that taken by the trial Judge and it is, therefore, argued that the decree of the High Court must be taken to have varied that of the lower Court. The fallacy of this argument ...
Nanchappa Goundan and ors. Vs. Vatasari Ittichathara Mannadiar
Court: Chennai
Decided on: Sep-04-1929
Reported in: AIR1930Mad727; (1930)59MLJ358
Venkatasubba Rao, J.1. This is a Letters Patent Appeal from the judgment of Mr. Justice Phillips. The question raised is whether the defendants are liable to pay interest on the rent due by them under a written lease. The learned Judge has held that the Interest Act (XXXlI of 1839) is not applicable but that interest is nevertheless payable on general equitable grounds. The case has been argued fully on both sides and numerous authorities have been cited. To my mind, the case presents no difficulty, although the state of the law is not satisfactory, and I shall briefly deal with the points raised without burdening my judgment with needless citation of cases.2. The effect of the lease deed is thus stated in the judgment of Mr. Justice Phillips:It is clear from the terms of the document that the payment of rent to the plaintiff is to commence as soon as the lands are assessed. The lease is an improvement lease under which the lands are to be gradually brought under cultivation and until ...
Sri Rajah Bommavadevara Naganna Naidu Bahadur Zamindar Garu and anr. V ...
Court: Chennai
Decided on: Sep-04-1929
Reported in: AIR1930Mad181
Walsh, J.1. This appeal arises in the following circumstances: The plaintiff's father and the father of defendants 1 and 2 were brothers and owned the zemindari of Vallur. The plaintiff's father who was the junior brother brought a suit for partition in 1896 and obtained a decree against the father of defendants 1 and 2, Ex. QQ in O.S. No. 15 of 1896 dated 31st March 1902. In the division made at this partition South Vallur fell to the share of the plaintiff's father and North Vallur to that of the father of defendants 1 and 2. The river Kistna had been corroding its banks and the Government started conservancy operations in 1893. The conservancy operations resulted in a gradual accretion to the mainland on the Vallur side of about 704 acres. The father of defendants 1 and 2 claimed the accretions as his own as being the owner of the foreshore. He brought a suit in 1912. The Government opposed his claim on the ground that the river was navigable. The plaintiff's claim in that suit was ...
(Chairman), Municipal Council Vs. Anantha Subramania Ayyar
Court: Chennai
Decided on: Sep-04-1929
Reported in: AIR1930Mad258
Venkatasubba Rao, J.1. The learned Sub-Judge has been tempted to give way to moral indignation and to exhibit great heat. This is a draw-back that has seriously impaired his judgment.2. The question we have to decide is, have the rules for the preparation of electoral rolls been contravened to such an extent, as to render the proceedings of the 'revising authority' wholly null and void? We state the question in this form having regard to Rule 6(b) which enacts inter alia:The orders passed by the revising authority shall be final and shall not be liable to be questioned by any legal proceeding.3. The plaintiff has therefore sought to show that the Board which decided against his claim was not properly constituted and that in consequence there was no decision which could become final, within the meaning of that provision. In view of the wording of this rule, we shall refrain, as far as possible, from referring in our judgment, to the various irregularities that have occurred, but do not ...
The Chairman Municipal Council Vs. A. Anantha Subramania Ayyar
Court: Chennai
Decided on: Sep-04-1929
Reported in: 125Ind.Cas.85
1. The learned Subordinate Judge has been tempted to give way to moral indignation and exhibit great heat. This is a drawback that has seriously impaired his judgment.2. The question we have to decide is, have the rules for the preparation of electoral rolls been contravened to such an extent as to render the proceedings of the 'revising authority' wholly null and void? We state the question in this form having regard to Rule 6(b) which enacts inter alia.The orders passed by the revising authority shall be final and shall not be liable to be questioned by any legal proceeding.3. The plaintiff has, therefore sought to show that the Board which decided against his claim was not properly constituted and that in consequence there was no decision which could become final, within the meaning of that provision. In view of the wording of this rule' we shall refrain, as far as possible from referring, in our judgment, to the various irregularities that have occurred, but do not affect the const...
Chinnapareddigari Sidda Reddi Vs. Mala Dasari Adigadu and ors.
Court: Chennai
Decided on: Sep-03-1929
Reported in: AIR1929Mad847
ORDERCurgenven, J.1. This is a reference by the District Magistrate of Chittoor arising out of an order passed by the Joint Magistrate of Chandragiri in Miscellaneous Case No. 92 of 28 on his file under Section 145, Criminal P.C., declaring that the petitioner in that case was in possession of the property in dispute. The reference has been made on the ground that the counter-petitioners at the final hearing of the case were absent and that the learned Joint Magistrate passed the order in favour of the petitioner without recording any evidence at all upon the question of possession. A number of cases have been placed before me as bearing upon a question of this nature, but it is to be observed that most of them were decided before the recent amendment of Section 435, Criminal P.C. Sub- Section 3 of that section originally made orders under Sections 143 and 144 and proceedings under Chap. 12 and Section 176 not proceedings within the meaning of that section. The effect of that, as has b...
(Sri) Chidambara Sivaprakasa Pandara Sannadhi Vs. Somasundaram Pillai ...
Court: Chennai
Decided on: Sep-03-1929
Reported in: AIR1930Mad422
Sundaram Chetty, J.1. This second appeal arises out of a suit filed by the plaintiff-appellant for the recovery of possession of the plaint mentioned manai, together with arrears of rent, from the defendants, to whose ancestor this site was granted by the plaintiff under the registered lease deed Ex. A. It is dated 3rd July 1898. The plaintiff's case is, that he is the head of Sivaprakasa Swamigal Mutt, that the suit property which is situated in Madappuram village belongs to the aforesaid Mutt and that it was leased out to the father of defendants 1 to 3 who took it for erecting a house thereon for his occupation. Plaintiff's claim was resisted by the defendants on several grounds. It was urged that the lease granted by the plaintiff was a permanent lease, that no default was made in the payment of rent, that the plaintiff's suit was barred by limitation and that in case of eviction a sum of Rs. 1,000 should be paid as compensation for the house built on the suit site. Both the lower ...
Kalandar Batcha Saib and anr. Vs. Jailani Sahib and ors.
Court: Chennai
Decided on: Sep-03-1929
Reported in: AIR1930Mad554
1. This appeal arises out of a suit under Section 92, Civil P.C., for the removal of a trustee and for the appointment of a fresh trustee. The matter came up before us in A. Section 419 of 1924 which was an appeal against what may be regarded as a preliminary decree in the suit. That appeal was filed against the order of the Subordinate Judge removing the trustees, defendants 1 and 2 and recently we disposed of that appeal by confirming the order of the Subordinate Judge. The present appeal arises out of a later stage of the same proceedings. The question arose after the removal of the original trustees as to who should be appointed. There were various applicants. The appellants before us are nephews, sister's sons of defendant 2. C.R.P. 637 is on behalf of the minor son of defendant 3. The boy is aged 9 but it is contended before us that he may be appointed trustee and some respectable person may be appointed deputy to look after the management until he attains majority and becomes hi...
(Nidamarthi) Venkataramayya Vs. Indian Industrial Bank Ltd.
Court: Chennai
Decided on: Sep-02-1929
Reported in: AIR1930Mad325
Sundaram Chetty, J.1. These are,connected appeals. The plaintiff is the appellant in each appeal. The defendant respondent is the Industrial Bank, Limited; but there is no appearance for the bank in both these appeals. The suits filed by the plaintiffs are for the refund of the moneys paid by them to the defendant bank on account of the shares which they agreed to take in pursuance of alluring prospectus issued by the company. The plaintiff's case is that the contract between them and the defendant was vitiated by fraud and misrepresentation, that there was not valid allotment of the shares and that they are entitled to rescind the contract and claim the refund of the moneys with interest at 6 per cent per annum. The learned District Munsiff in a lucid and able judgment discussed the questions at issue at great length and found that the plaintiffs are entitled to a decree for refund of the moneys with interest. The lower appellate Court reversed the decrees of the first Court but on a ...
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