Chennai Court March 1944 Judgments
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Manicka Nadar Vs. Arumuga Sundara Sathia Gnana Pandara Sannadhi Averga ...
Court: Chennai
Decided on: Mar-05-1944
Reported in: (1945)2MLJ7
Chandrasekhara Ayyar, J.1. The plaintiff, the head of a math, created a usufructuary mortgage over certain immovable properties on 5th May, 1938, under Ex. I for a sum of Rs. 625 in favour of the defendant, appellant in this second appeal. It is provided in the mortgage that the mortgagee should enjoy the mortgaged property for a period of eleven years from the date of mortgage, himself paying the Government kist. Then comes the relevant clause:After the expiry of the period I shall pay the amount and have the schedule property redeemed.2. The consideration of Rs. 625 was made up of three items, a sum of Rs. 214-14-11 due to one Mayakootha Pillai, a sum of Rs. 310-1-1 due to one Saminatha Desikar, and a sum of Rs. 100 paid in cash. The mortgagee was directed to pay the sums due to Mayakootha Pillai and Saminatha Desikar but he did not pay the amounts, and the mortgagor discharged the debts in April and May, 1939, owing to pressure from the creditors. The plaintiff brought this suit for...
A. Subba Rao Vs. C. Seshu Reddi
Court: Chennai
Decided on: Mar-03-1944
Reported in: AIR1944Mad414a
Leach, C.J.1. The question in this appeal is whether a creditor is bound by a scheme of composition approved of under the Provincial Insolvency Act entirely behind his back. On 30th August 1933 respondent 1 was adjudicated an insolvent by the District Judge of Nellore. A proposal was made for the acceptance by the creditors of a scheme of composition which provided for the payment of six annas in the rupee. This scheme was sanctioned by an order of Court dated 18th April 1935, whereupon the order of adjudication was annulled. The appellant was a creditor. On 29th October 1934 he proved for the sum of Rs. 754-10-9 then due to him under a decree. The decree provided for the payment to him of future mense profits. These were subsequently found to amount to Rs. 1684-1-6. The appellant was given no notice of the proposal for a composition and the scheme was approved of without it being brought to his knowledge. On the approval of the scheme a Special Receiver was appointed to carry out its ...
S.P.S. Subramaniam Chettiar by Authorised Agent K.P. Subramania Aiyer ...
Court: Chennai
Decided on: Mar-03-1944
Reported in: AIR1944Mad437
Happell, J.1. This second appeal arises out of O.S. No. 70 of 1940 in the Court of the District Munsif of Namakkal, a suit upon a foreign judgment. The question is whether the suit was barred by limitation. The plaintiff in the suit is the appellant. The defendant who was a permanent resident of Kalappanickenpatti village within the jurisdiction of the Court of the District Muilsif of Nemakkal and temporarily residing at Muar in the Federated Malay States had borrowed 1356 dollars from the plaintiff on a promissory note. The plaintiff filed C. S. No. 81 of 1930 in the District Court of Muar and obtained a decree on 21st July 1930. Various payments were made by the defendant towards the discharge of this decree, the last being on 12th June 1938. On 10th January 1940, a sum of 786 dollars 12 cents was found due and on 28th February 1940 the plaintiff filed the present suit to enforce the foreign judgment. Article 117, Limitation Act, provides a period of limitation of six years from the ...
Ps. Ar. Ar. Arunachalam Chettiar by Agent Sivaraman Chettiar Vs. Palan ...
Court: Chennai
Decided on: Mar-03-1944
Reported in: AIR1944Mad455
Leach, C.J.1. On 20th July 1935 the appellant obtained a mortgage decree against the respondent for the sum of Rs. 2998-5-4. The mortgage was dated 22nd December 1931 and had been given as security for the repayment of amounts due on three promissory notes. On 12th July 1939 the decree-holder filed an application for the execution of his decree and, in due course, the Court fixed 17th July 1940 as the date for the sale of the mortgaged property. On 15th July the judgment-debtor applied under Section 20, Agriculturists' Belief Act, 1938, for a stay of the execution proceedings, pending an application for scaling down under Section 19 of the Act. On 17th July the Subordinate Judge passed an order of ad interim stay. That was a stay pending the filing of the counter affidavit by the judgment-debtor and the hearing of the application. The application was heard on 25th July when an order for stay was passed under Section 20. The application for scaling down was filed on 23rd September 1940 ...
Ramayya Vs. Lakshmayya
Court: Chennai
Decided on: Mar-02-1944
Reported in: AIR1944Mad383
Mockett, J.1. In this appeal Mr. Satyanarayana Rao has raised a preliminary point that no appeal lies. The facts are as follows : The appellants were defendants 2 to 14 in three suits-O. S. Nos. 58, 82 and 83 of 1943. There is no appeal by defendant 1. Before suits, attachments before judgment of substantially all the debtors' properties were effected. On 21st March 1943, the defendants' vakil left hurriedly for Benares to be present with his son, who was stated to be sick with small-pox. On 22nd March, it is said that an oral request was made by defendant 3 for an adjournment. On 25th March, I.A. No. 528 of 1943 was filed-an application to adjourn the case to 5th April which was dismissed; and on that day, ex parte decrees were passed in the three suits. On 2nd April 1943, I.A. Nos. 568, 569 and 570 were filed praying to set aside the three ex parte decrees. On 5th July 1943, an order was passed and in the judgment, the learned Judge said:On the whole, I should think that the suits sh...
In Re: N.S. Subramania Ayyar
Court: Chennai
Decided on: Mar-01-1944
Reported in: AIR1944Mad414
ORDERKuppuswami Ayyar, J.1. This is a petition by the complainant in C.C. No. 978 of 1941 on the file of the Sub-Magistrate of Tiruvadanai. Two accused were charged in that case with having committed criminal breach of trust in respect of some jewels. They were convicted by the first Court. On appeal the Joint Magistrate of Devakottai acquitted them. The matter was taken in revision to this Court and the order of the appellate Magistrate was reversed and he was asked to rehear the appeal. The Joint Magistrate was not able to rehear the appeal because the records in the case had been burnt when his Court was set fire to in August 1942 with the result that he found himself unable to go on with the appeal in the absence of the necessary papers. Certified copies of the prosecution evidence were available but that of the defence evidence was not available. The Magistrate had therefore no other course but to direct de novo trial after having set aside the conviction. It is stated that the Ma...
B. Muniswami Chetty and Co., Firm Vs. D. Muniswami Chetty and Co., Fir ...
Court: Chennai
Decided on: Mar-01-1944
Reported in: AIR1944Mad418
Leach, C.J.1. The appellants entered into a contract to sell to the respondents five cases of printed muslin. The appellants delivered only two of the five bales and consequently the respondents filed a suit on the original side of this Court for the recovery of the damages suffered by them as the result of the appellants' breach. The appellants denied that they were in default, but the learned Judge (Chandrasekhara Ayyar J.) held that they were and that they were liable to the respondents in the full amount of their claim. The appellants have appealed. They say that the learned Judge was wrong in holding that they had broken the contract and that in any event he has assessed the damages on a wrongful basis. We are in agreement with the learned Judge on the question whether the appellants broke the contract, but we consider that the damages have been assessed on an erroneous basis.2. The contract is in writing and is dated 23rd November 1941. The goods had to be obtained from the Unite...
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