Chennai Court July 1949 Judgments
Dadi Appala Naidu and ors. Vs. Kolluru Bhimalingam and ors.
Court: Chennai
Decided on: Jul-26-1949
Reported in: AIR1950Mad186
Subba Rao, J.1. This is a Letters Patent appeal against the judgment of Patanjali Sastri J. and it raises a question of subrogation.2. On 6th August 1924, one Jagandhara, the husband of defendant 7, executed a mortgage deed Ex. D-1 in favour of defendants 2 and 3 in respect of item 4 of Sch. B annexed to the plaint for a sum of Rs. 1000. On 6th September 1924 he executed another mortgage deed, Ex. P 1, in favour of defendants 4 and 5 in regard to items 1 to 3 for a sum of Rs. 750. He again mortgaged items 1, 3 and 4 to defendants 2 and 3 under Ex. D-2 dated 29th June 1930 for a sum of Rs. 500. On 11th July 1930 he borrowed another sum of Rs. 1670 and executed a mortgage deed, Ex. P-2, mortgaging items 1 to 5, On 9th September 1933 by Ex. D-10, defendants 2 and 3 transferred their interest under Ex. D-l to defendant 6. Under Ex. D-11, dated 7th October 1933, Jagandhara's wife Mahalakshmi, being minor represented by her father, executed a sale-deed in favour of defendants 2 and 3 for a s...
Tag this Judgment!Bammidi Nagula Alias Nagula Vs. A.V. Bhanoji Row
Court: Chennai
Decided on: Jul-26-1949
Reported in: (1949)2MLJ532
Krishnaswami Nayudu, J.1. This is a revision petition against the order dismissing the election petition filed by the petitioner before Sri T. Srirangam Naidu who was the Subordinate Judge of Vizagapatam and Election Commissioner. The petition was filed for a declaration that the election of the respondent was void and for a declaration that the petitioner had been duly elected. The grounds on which the petition was filed were (1) that the respondent was disqualified for election as Councillor under Clause (2) of Section 49 of the Madras District Muncipalities Act in asmuchas he is a partner and director of the General Engineering and Trading Corporation, Ltd., Vizagapatam, interested in a subsisting contract with the Municipal Council, Vizagapatam, (2) that he was also disqualified under Section 49 (2) of the Madras District Municipalities Act since the respondent being a hereditary member of the Managing Committee of the Mrs. A.V.N. College is the Official Superior of the Sitting Cou...
Tag this Judgment!Palaniswami Goundan Vs. Ramaswami Goundan and anr.
Court: Chennai
Decided on: Jul-26-1949
Reported in: (1949)2MLJ829
Subba Rao, J.1. This appeal raises two points of law, (1) whether the suit was maintainable and (2) whether it was barred by limitation.2. The facts of the case have been fully and accurately set out in judgments of the lower Courts and also in that of Wadsworth, J., in the second appeal. We need not restate them except to the extent necessary for appreciating the contentions of the parties. One Sinnayya Goundan executed a mortgage deed, Exhibit P-1, dated 12th July, 1922, in favour of one Periya Goundan for a sum of Rs. 500. On 24th June, 1924, the same Sinnayya Goundan executed a second mortgage deed in regard to the same property in favour of one Rama Boyan. On 24th September, 1928, Sinnayya Goundan for himself and as guardian of his then minor sons executed a usufructuary mortgage in favour of Periya Goundan, that is, the mortgagee under Exhibit P-1 and also another by name Sinnammal for a sum of Rs. 1,300. The consideration for the mortgage was made up of two items; (1) a sum of R...
Tag this Judgment!Palaniswami Goundan Vs. Ramasami Goundan and anr.
Court: Chennai
Decided on: Jul-26-1949
Reported in: AIR1951Mad802
Subba Rao, J.1. This appeal raises two points of law, (1) whether the suit was maintainable & (2) whether it was barred by limitation.2. The facts of the case have been fully & accurately set out in judgments of the lower Cts. & also in that of Wadsworth, J. in the second appeal. We need not restate them except to the extent necessary for appreciating the contentions of the parties: One Shrinayya Gounden executed a mtge. deed, Ex. P. 1 dated 12-7-1922 in favour of one Periya Gounden for a sum of Rs. 500/-. On 24-6-1924 the same Sinnayya Gounden executed a second mtge. deed in regard to the same property in favour of one Rama Boyan. On 24-9-1928 Sinnayya Gounden for himself & as guardian of his then minor sons executed a usufructuary mtge. in lavour of Periya Gounden, that is, the mtgee. under Ex. P. 1 & also another by name Sinnammal for a sum of Rs. 1,300/-. The consideration for the mtge. was made up of two items : (i) a sum of Rs. 650/- due to Periya Gounden under Exs. P. 1 & (ii) a...
Tag this Judgment!Kadiyala Peravadhannulu Vs. Kadiyala Peravadhannulu Minor by Mother an ...
Court: Chennai
Decided on: Jul-25-1949
Reported in: AIR1950Mad26
ORDERMack, J.1. This petition raises a simple question of court-fee.2. Petitioner is the defendant who in a joint family partition suit against him brought by his grandson was directed to pay a sum of over Rs. 20,000 on an account being taken of out-standings due. In an appeal to the District Court, he sought to value it under Article 17B of Schedule II, Court-fees Act at Rs. 3100 + 100 adopting the plaint valuation. The learned District Judge held on the strength of the Full Bench decision of this Court in In re Dhanukondi Nayakar, I. L. R. (1938) Mad. 598 : A. I. R. 1938 Mad. 435 that he should pay ad valorem court-fee on the relief that he wished to avoid. In that decision the learned Full Bench overruled the decision in In re Nukala Venkatanandam, 66 Mad. 705: A. I. R. 1933 Mad. 330 and held that in a final decree in an account suit, a defendant knew exactly the value of his relief and must pay court-fee accordingly.3. Mr. Somasundaram has sought to differentiate between an ordinar...
Tag this Judgment!Bhagavatula Gopalakrishnamurthi and ors. Vs. Dhulipalla Sreedhara Rao ...
Court: Chennai
Decided on: Jul-25-1949
Reported in: AIR1950Mad32
ORDERKrishnaswami Nayudu, J.1. Petitioners are defendants 14 and 22 in O. S. No. 59 of 1945 on the file of the Court of the Subordinate Judge, Tenali. The suit was for partition and for possession after setting aside certain alienations. The defendant is the father of the plaintiffs. He was adjudicated insolvent and the Official Receiver was made a party to the suit. The suit relates to the setting aside of alienations not only made by the father but also by the Official Receiver and para. 5 of the plaint states:'There was no proper vesting order passed in favour of the Official Receiver, Neither the half share of plaintiff 1 nor the father's power to sell the same was or could be vested in the Official Receiver in I. P. No. 33 of 1930. The latter could if at all deal with defendant 1's half share. The Official Receiver sold the insolvent's right title and interest in the properties mentioned as items 6 to 17 of Schedule. B without covenanting for the existence or extent of the title o...
Tag this Judgment!Dr. A. Krishnaswamy Vs. V. Natesan and ors.
Court: Chennai
Decided on: Jul-25-1949
Reported in: (1949)2MLJ446
Krishnaswami Nayudu, J.1. This is a petition to revise the order of the learned Chief Judge of the Court of Small Causes ordering inspection of the marked electoral roll, counterfoils of the ballot papers, unused ballot papers, tendered and challenged votes and the return of the polling officers, to the first respondent who was the petitioner in Election Petition No. 1 of 1948 on the file of the Court of Small Causes, Madras.2. The first respondent was the unsuccessful candidate in a municipal election, and he filed Election Petition No. 1 of 1948, for declaring that the election of the first respondent who is the petitioner here who was the successful candidate for the 26th division, as invalid and for setting aside the election. There was also a prayer that a fresh election be ordered. The ground on which he filed the Election Petition was, among others, that there was false personation and the election has been materially affected by such false personation. During the pendency of th...
Tag this Judgment!Muthu Nadar Vs. Chinnadorai Nadar and ors.
Court: Chennai
Decided on: Jul-25-1949
Reported in: AIR1951Mad643
Viswanatha Sastri, J.1. This second appeal is preferred by defendant 3 against the decree of the learned Subordinate Judge of Tuticorin in A. S. No. 65 of 1945. The lower appellate Court granted a decree in favour of the plaintiff for partition and separate possession of 5/18 share in the B schedule properties on payment of Rs. 225. Defendant 3 has preferred an appeal objecting to the decree for partition passed in favour of the plaintiff. Defendants 1, 2 and 4 sail along with defendant 3 though they have not preferred an appeal. They have however been made respondents to the appeal and hence the case of defendants 1 to 4 falls to be considered in this second appeal.2. The plaintiff's father created a mortgage over his share of certain property on foot of which a suit, O. S. No. 261 of 1926, was filed by the mortgagee. On 22-7-1930 a final decree was passed against the plaintiff's father for a sum of Rs. 500. The plaintiff's father died in June 1933. He left behind him two sons of whom...
Tag this Judgment!Balekkala Subraya Bhatta Vs. Nuliyal Govinda Bhat
Court: Chennai
Decided on: Jul-22-1949
Reported in: AIR1950Mad33
Raghava Rao, J.1. The suit out of which this second appeal arises was dismissed by the trial Court but decreed on appeal.2. Defendant 1 is the appellant. He is the assignee from one Gowaramma of her rights 1950 M/5 & 6 under a certain maintenance decree obtained by her in a pauper suit filed by her. The present plaintiff was defendant 1 and the present defendants 2 and 3 were also defendants 2 and 3 in that suit, In and by the final event and result of that litigation evidenced by Ex. P-3 dated 18th August 1941, the present plaintiff was completely exonerated from the suit and the suit dismissed as against him. Gowaramma was directed to pay half the court-fee due to Government and defendants 2 and 3 the other half 'if not already recovered by the Government in terms of the prior decrees passed in this suit.' Plaintiff in the present case is seeking to recover back the amount paid by him to Government under a decree passed in the course of the former litigation (EX. P-1) on 9th March 19...
Tag this Judgment!G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.
Court: Chennai
Decided on: Jul-22-1949
Reported in: AIR1951Mad296; (1950)2MLJ220
Rajamannar, C.J. 1. These two appeals arise out of a suit, O. Section No. 67 of 1943, instituted in the Court of the Subordinate Judge of Madura by two plaintiffs on behalf of themselves and on behalf of the other creditors of the estate of one Robert Foulkes deceased, for an administration of his estate and inter alia to declare certain alienations effected by defendant 1 as the administrator of the said estate in favour of defendants 3 to 7 invalid and not binding upon the plaintiffs and the other creditors of the estate, and for directions for the proper disposal of the properties comprised in the said estate, and, alternatively, to direct defendant 1, in any event, to make good to the plaintiffs, the loss of Rs. 1,32,268-9-8 with subsequent interest thereon, occasioned by reason of his acts of devastavit. The learned Subordinate Judge granted a decree personally against defendant 1 for rendition of accounts of the assets and income of the estate of Robert Foulkes (deceased) from 14...
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