Chennai Court September 1945 Judgments
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Srimath Thirumala Venkata Shrinivasa Charyulu Ayyavarlam Garu and anr. ...
Court: Chennai
Decided on: Sep-06-1945
Reported in: AIR1946Mad155
Horwill, J.1. The execution petition out of which this appeal arises was in execution of a final mortgage decree of 16th June 1942 in O.S. No. 15 of 1939. One of the items mortgaged, namely, item 4, was purchased by defendant 2 in execution of a money decree against the mortgagor; and, on 27th December 1942, the respondent acquired the rights of defendant 2 in this property. On 19th March 1913, by Ex. P-1, the respondent obtained an assignment of the mortgage decree in O.S. No. 15 of 1939. He now seeks to execute the decree in Order Section No. is of 1939; and some of the defendants opposed the execution of the decree on the ground that since the respondent had acquired the rights of the mortgagor in a part of the property and had become a transferee-decree-holder, he was not entitled to execute the decree at all; and even if he were, he would be entitled to execute it only for the decree amount minus the proportionate burden of the decree resting upon item 4. The learned Subordinate J...
Sivapuram Sri Sivagurunathaswami Koil by Trustees, Sethu Chettiar and ...
Court: Chennai
Decided on: Sep-04-1945
Reported in: AIR1946Mad79; (1945)2MLJ380
Chandrasekhara Aiyar, J.1. Plaintiffs have preferred this appeal from an order directing their plaint to be presented to the revenue Court on the ground that one or other of the two defendants is a ryot with occupancy rights in the land for the recovery of which the suit has been brought and that the Civil Courts have therefore no jurisdiction to try this suit. The first defendant took the land on lease from the temple trustees under the lease deed Ex. P-1 dated 2nd April, 1934 for a period of five years. It is unnecessary to decide whether padugai land, which means according to the observations contained in Secretary of State for India v. Raghunatha Thatha-chariar,1 land on the lower-level bank breadth of the river between the edge of the sandy stream bed and the high flood-level bank is ' ryoti' land within the meaning of the Madras Estates Land Act. Even though it may not be part of the river bed it may be part of the river bank in which case also, as in the case of river beds, the ...
Alluri China Venkata Suryanarayana Raju Vs. Nagumalli Venkata Subbiah ...
Court: Chennai
Decided on: Sep-04-1945
Reported in: AIR1946Mad78; (1945)2MLJ374
Patanjali Sastri, J.1. This is an appeal brought by the judgment-debtor under a decree passed in O.S. No. 14 of 1935 on the file of the District Court of East Godavari against an order refusing to scale down the decree under Section 19 of the Madras Agriculturists' Relief Act, 1938.2. The facts are briefly these : The decree was passed on 29th January, 1937, for Rs. 17,371. The appellant applied for stay of the decree under Section 20 of the Act and stay was ordered on the 2nd April, 1938. Within sixty days of that order, he filed an application, I.A. No. 258 of 1938, under Section 19 for scaling down the decree debt. After some evidence was taken in the matter, the petition was dismissed for default of appearance of the appellant on 31st August, 1939. An appeal against that order C.M.A. No. 270 of 1940 was dismissed as incompetent on 1st September, 1941, and an application to set aside the dismissal for default also proved unsuccessful, as it was held that Order 9, Rule 9, Civil Proce...
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