Chennai Court December 1934 Judgments
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S. Neelakanda Pillai Vs. K.A. Kunju Pillai
Court: Chennai
Decided on: Dec-03-1934
Reported in: AIR1935Mad545; 157Ind.Cas.281; (1935)68MLJ506
Venkatasubba Rao, J.1. The question is, whether the Sub-Court of British Cochin has jurisdiction to try this action, which has been brought for the recovery of rent of a house in Cochin State, against the defendant who claims to be a subject of the State of Travancore. For the purpose of this judgment I am assuming that the defednant's allegation that he is not a British Subject, is true, at the time of the suit he was not in British India, but the agreement to pay rent, on which the suit is based, was executed in British Cochin.2. The first question that arises is, is a suit for rent governed by Section 16 or Section 20 of the Civil Procedure Code? Section 16 provides inter alia that suits of a certain description relating to immoveable property 'shall be instituted in the Court within the local limits of whose jurisdiction the property is situate.' Then there is a proviso which says that a suit to obtain relief respecting immoveable property may be instituted 'either in the Court wit...
Naranathatta UThe Amma and anr. Vs. Mavila Mani Amma and ors.
Court: Chennai
Decided on: Dec-03-1934
Reported in: 157Ind.Cas.509
1. The plaintiffs-appellants are two members of a Malabar tarwad who claim certain shares in properties which under a partition deed (Ex. A) fell to the share of one Kannan Nair. This partition was entered into on September 4, 1924 between Kannan Nair, his brother Koman Nair, bis sister Kunhi Uthamma Amma and her son Krishnan Nair. The two latter are the present plaintiffs. Ex. A divided their tarwad properties into four shares, three of them being main shares, so to say, allotted to the two brothers and the sister and the fourth, a smaller share allotted to the nephew. The document contains various provisions giving very large powers of disposition to the sharers in respect of the properties that fell to their respective shares and detailed provisions are made for the various shares bearing in proportion to the respective shares certain liabilities which were, therefore, joint. Towards the end of the document there is a clause in the following terms:If, while respective sharers are en...
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