Chennai Court November 1940 Judgments
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The Official Receiver Vs. Nerella Venkiah and anr.
Court: Chennai
Decided on: Nov-04-1940
Reported in: AIR1941Mad606; (1941)1MLJ569
Alfred Henry Lionel Leach, C.J.1. On the 9th August, 1929 an application was filed in the Court of the Subordinate Judge of Nellore for the adjudication in insolvency of one Lebakula Subba Reddi, the father of five sons. He died before the petition could be heard, but the petition was continued against his three elder sons and rightly or wrongly an order for adjudication was passed against them on the 24th November, 1930. On the 16th November, 1934 the second respondent in this appeal filed a suit against the five sons for the money owed by them on a promissory note, which was a renewal of an earlier promissory note made by the father. The second respondent did not implead the Official Receiver, although he knew of the adjudication of the three sons. The suit was not defended and in due course a decree was passed against the defendants, which resulted in the second respondent instituting execution proceedings, in the course of which he attached certain immovable property belonging to t...
Nandarapu Mahalakshmi Naidu Vs. Kalangi Satyam and ors.
Court: Chennai
Decided on: Nov-01-1940
Reported in: AIR1941Mad939
ORDERLakshmana Rao, J.1. The dam in question was constructed by the mokhasadharini who was not a party to the proceeding, and her agent, counter-petitioner 10, died before the completion of the inquiry. An order to remove the dam cannot, therefore be issued, though it is found to be an obstruction to the clear right of user of the petitioner of the water of the Gorregadda at the point of the dam to at least one-fourth share of the waters at that point and the revision petition is accordingly dismissed....
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