Chennai Court October 1938 Judgments
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The Palghat Coimbatore Transport Co., Ltd., by Its Liquidator N. Krish ...
Court: Chennai
Decided on: Oct-05-1938
Reported in: AIR1939Mad261; (1939)1MLJ143
Varadachariar, J.1. This appeal arises out of a suit instituted under the Fatal Accidents Act by the representatives of one Venkatarama Aiyar who died in February, 1930, as the result of a collision between two motor buses in one of which the deceased was travelling. The owners of the two buses have been impleaded as defendants 1 and 2 and they may be referred to as the U.M.S. Motor Service and the I.M.S. Motor Service respectively. It is in one of the buses run by the U.M.S. Service that the deceased was travelling at the time of the accident. The I.M.S. Service bus was coming in the opposite direction, and at a point where the road is found to have measured 26 feet in breadth, there was a collision between the two buses almost in the middle of the road. The lower Court gave the plaintiffs a joint decree against both the defendants for sums aggregating to Rs. 10,000. Against that decree, the first defendant has preferred this appeal.2. The first point urged in support of the appeal is...
Koraprolu Veerabhadrayya Vs. Jajala Seethamma and ors.
Court: Chennai
Decided on: Oct-05-1938
Reported in: AIR1940Mad236
Venkataramana Rao, J.1. This second appeal arises out of a suit in ejectment instituted by the plaintiff to recover a sixth share of the properties alleged to have been left by her maternal grandmother one Chinna Sub-bamma. The said Chinna Subbamma was the daughter of one I. Veeravadhanulu. The properties in suit are described in Schedules A and B to the plaint. The basis o the plaintiff's claim is that under a deed Ex. A dated 2nd October 1887, the said Veeravadhanulu gifted the said properties absolutely to his daughter, the said Chinna Subbamma, that Chinna Subbamma had two daughters, the mother of the plaintiff and defendants 4 and 5, and the mother of defendants 2 and 3, and both the daughters predeceased her, that Chinna Subbamma. died in 1922, that on her death the plaintiff and defendants 2 to 5, as the daughter's, daughters of the said Ghinna Subbamma; have become entitled to the said property and that the plaintiff is entitled to a one-sixth share therein being a third of the...
Ponnuswami Chettiar Vs. Ellasari Obul Reddi
Court: Chennai
Decided on: Oct-04-1938
Reported in: AIR1939Mad256; (1939)1MLJ152
Wadsworth, J.1. These appeals arise out of proceedings brought for possession of land by a purchaser in a rent sale under the Estates Land Act from a purchaser in a sale under a mortgage decree. The preliminary decree on the mortgage in favour of the appellant was dated 24th February, 1927. The revenue sale in favour of the respondent was on 5th September, 1927. The final decree in the mortgage suit was on 3rd December, 1927. The decree-holder purchaser got possession on 31st March, 1931. Hence the proceedings by the plaintiff to enforce his rights under the rent sale and to get possession from the mortgagee decree-holder court-auction purchaser who is the appellant, here.2. Now the argument for the appellant is that the sale by the Collector for arrears of rent due to the landholder is affected by lis pendensunder Section 52 of the Transfer of Property Act and that no title can pass to the purchaser in the rent sale which was effected without the consent of the Court which passed the ...
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