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Chennai Court July 1940 Judgments

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Jul 17 1940

Sri Rajah Nayani Venkata Ranga Rao Bahadur Zamindar Garu Vs. Sri Rajah ...

Court: Chennai

Decided on: Jul-17-1940

Reported in: AIR1941Mad91; (1940)2MLJ655

Wadsworth, J.1. This revision petition arises out of an order giving findings on three preliminary issues in a suit for an in-juaction restraining the defendant from doing certain acts with reference to his tanks over which the plaintiff claims a right of easement. The three issues are as follows:...


Jul 03 1940

In Re: K.M. Narayanan Nambudripad

Court: Chennai

Decided on: Jul-03-1940

Reported in: AIR1941Mad23; (1940)2MLJ747

Patanjali Sastri, J.1. Learned Counsel for the insolvent's Mom has argued that the share of the insolvent in the properties belonging to the Mom is not liable to be sold in insolvency for the discharge of his debts. Section 3 of the Madras Nambudri Act XXI of 1933 says that every member of an Mom shall have an equal proprietary interest in its properties. Prima facie therefore the insolvent has an interest in the Mom properties to which he is entitled' in his own right and this should, in the absence of any provision in the Act to the contrary, be available for the discharge of the debts due from him to his creditors. Mr. Krishna Aiyar relies upon Sections 5 and 23 of the Act as indicating that the interest of the insolvent in the Mom properties is not liable to be proceeded against by his creditors. But I see nothing in those provisions having the effect contended for by the learned counsel. Section 5 deals with the karnavan's power of alienation of Mom properties so as to bind the ot...


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