Chennai Court January 1935 Judgments
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Sree Rajah Inuganti Venkata Rajagopala Rama Suryaprakasa Rao Vs. Sree ...
Court: Chennai
Decided on: Jan-08-1935
Reported in: AIR1935Mad669; 157Ind.Cas.1005
1. The plaintiff-appellant took a lease of a rice mill from the Polavaram zamindar under Ex. A in 1926 and by Ex. B. he assigned the lease to the defendants. It is not correct to construe Ex. B. as a sub-lease; it is really an assignment of the term. It follows both from the terms of Ex. B. and under the general law that the defendants, as assignees, became liable to pay the rent due to the zamindar and it is also well established that as the assignor nevertheless continued liable for the rent on his personal covenant, he is entitled to an indemnity from the assignees as regards the payment of rent to the superior landlord. The plaintiff instituted this suit for the recovery of the amount of the rent by payment to himself, alleging that the defendants had not paid rent to the superior landlord and that the landlord had given to the plaintiff a notice on July 28, 1929. It has not been shown that, beyond giving this notice, the zamindar took any steps for recovering the rent from the pla...
Pandiri Satyanandan and ors. Vs. Paramkusam Mangayya and ors.
Court: Chennai
Decided on: Jan-08-1935
Reported in: 159Ind.Cas.843
Pakenham Walsh, J.1. This was a suit brought by the plaintiffs on certain dealings in khata between the 1st plaintiff's wife and the defendants. The khata was seltled in 1923 and a sum of about Rs. 40,000 was found due. The 1st plaintiff's wife died on June 9, 1923, leaving an unregistered will in favour of the plaintiffs. The will is dated June 5, 1923. This suit was filed on September 10, 1925, and no probate had been taken out nor succession certificate before the filing of the suit. An application for attachment before judgment was taken out by the plaintiffs on October 6, 1925. We find from Ex. 11, a reply notice sent by the defendants' Pleader to the plaintiffs' Pleader, that the defendants had no objection to pay the suit amount if proper security was furnished or if probate of the will had been obtained. This notice was said to have been received on October 12, 1925, and on October 17, 1925, the 1st plaintiff filed a further affidavit Ex. XVI in the attachment proceedings in wh...
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