Chennai Court November 1953 Judgments
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Karuthayya thevar (Died) and ors. Vs. Karuthayya thevar and ors.
Court: Chennai
Decided on: Nov-30-1953
Reported in: AIR1954Mad797; (1954)IMLJ675
Krishnaswami Nayudu, J.1. This appeal arises in a suit for a declaration and injunction, or in the alternative for possession of the suit properties against the defendants. The plaintiffs claim title to the suit properties under Ex. D-3 dated 31-7-1925 and purchased in court auction and possession of which was delivered under Ex. p-2 dated 11-6-1926. Till about 1931 the plaintiffs' possession of the suit land is not disputed. But after that, the defendants dispossessed the plaintiffs and there is evidence to show, at any rate, that from 1936 onwards the plaintiffs have not exercised any acts of possession in respect of this property. There is definite evidence that between 1934 and 1936 the defendants cultivated the land, as also after 1943 till about the institution of this suit. The dispossession in this case may therefore be taken to be some time prior to 1934.2. On these findings it is contended that thoughby virtue of the decision of the Full Bench in --'Official Receiver, East Go...
T.A. Meenakshi Sundarammal and anr. Vs. K. Subramania Ayyar and ors.
Court: Chennai
Decided on: Nov-27-1953
Reported in: AIR1955Mad369
Rajagopalan, J.1. It was common ground that the four items of properties, a fractional share in which Meenakshi Sundarammal, the plaintiff in O. S. N. 23 of 1945, and her daughter, Shanmuga Sundarammal, the plaintiff in O. S. No. 24 of 1945, claimed belonged to Appavoo Pillai. Appavoo died in 1922. He had three sons, Kannuswami, Arumugam and Chinnaswami and a daughter, Ponnammal, who predeceased him. Ponnammal had three sons Neelamegam, Muthukrishnan and Ramaswami, Meenakshi Sundarammal was one of the two daughters of Ponnammal; and Meenakshi Sundarammal married her maternal uncle Arumugam. On the date of Appavoo's death Arumugam and his wife Meenakshi Sundarammal had two daughters, Kanakavalli and Shanmuga Sundarammal; a third daughter named Baby was born some time after Appavoo's death; they had no sons. Of these three daughters, Kanakavalli died in 1938 before she was 18. Of the three sons of Appavoo, only Kannuswami had both sons and daughters. Neither Arumugam and Chinnaswami had ...
Ramaraju Goundar, Minor Through His Mother and Next Friend the Second ...
Court: Chennai
Decided on: Nov-27-1953
Reported in: AIR1954Mad881
ORDERMack, J. 1. This is a petition by plaintiffs in O. S. No. 243 of 1949, whose suit for partition was dismissed by the learned District Munsif, to revise an order passed under Order 41, Rule 10 by the learned Subordinate Judge in appeal directing them to deposit Rs. 153-12-0, lower court costs, and to furnish immovable property security for Rs. 150 as probable costs in the appeal. This order was passed by the lower appellate Court on 13-3-1951. Time was given till 31-3-1951 to comply with this order. As there was no compliance, the appeal was rejected under Order 41, Rule 10(2), Civil P. C., on 31-3-1951.2. The petitioners describe themselves as the minor son and junior wife respectively of one Nagappa Goundar who is said to have died in 1942. Defendants 1 to 3 in the suit are the sons of Nagappa Gounder by his first wife. The fourth defendant in the suit was Nagappa Gounder's brother Rangaswami Gounder. The suit for partition was resisted by the defendants on the ground that the se...
In Re: C.T. Sambandam and ors.
Court: Chennai
Decided on: Nov-26-1953
Reported in: 1954CriLJ1254
ORDERSomasundaram, J.1. Accused 1 to 4 and 6 in C. C. No. 3308 of 1953 on the file of the Seventh Presidency Magistrate, Egmore, are the petitioners herein. These five petitioners along with another were tried by the Magistrate for offences under Sections 147, 337, 427 and 149, I.P.C. The fifth accused was acquitted and the petitioners alone were convicted as follows : Accused 1 to 4 were convicted under Section 147, I.P.C. and sentenced to a fine of Rs. 20; they were also convicted under Section 337 read with Section 149, I.P.C. and sentenced to imprisonment till the rising of the court; in addition, they were convicted under Section 427 read with Section 149, I.P.C. and sentenced to pay a fine of Rs. 20. The sixth accused was convicted under Section 147, I.P.C. and sentenced to imprisonment till the rising of the court and under Section 337, I.P.C. read with Section 149, I.P.C. he was also sentenced to imprisonment till the rising of the court and for the offence under Section 427 re...
Mohammad Maraicair Vs. Veyanna Meeru thevar and ors.
Court: Chennai
Decided on: Nov-26-1953
Reported in: AIR1954Mad894; (1954)IMLJ527
1. This is an appeal against the judgment of Panchapakesa Aiyar J. dismissing an application filed by the appellant herein for extension of the time for furnishing security for costs which he had been directed to furnish by an order of this Court passed by Ramaswami J. on 11-3-1952 in C. M. P. No. 1676 of 1952. That order was passed in an Appeal, A. S. No. 498 of 1951, which the appellant herein had filed in forma pauperis against a decree of the District Court of East Tanjore. Ramaswami J. directed the appellant to furnish security for costs of the Court below within one week of the reopening of that Court after the summer recess. The learned Judge also proceeded to say that failing such furnishing of security the appeal would stand dismissed.The appellant did not furnish the security within time, but for some reason or other, the appeal itself was never posted formally for being dismissed under Order XLI, Rule 10 (2), Civil P. C. On 18-9-1953, the appellant filed the application abov...
Middi Ramakrishna Rao Vs. Middi Rangayya and ors.
Court: Chennai
Decided on: Nov-25-1953
Reported in: AIR1954Mad783
Ramaswami, J.1. This is an appeal against the judgment and decree of the Subordinate Judge of Masulipatam in A. S. No. 150 of 1949 reversing the judgment and decree of the learned District Munsif of Gudivada in O. S. No. 272 of 1946 and remanding the suit for fresh disposal.2. The learned Subordinate Judge has remanded the suit on the foot of the following observations :'The learned District Munsif has not discussed in detail the question of the alienations and the immunities of the alienees under Section 41, Transfer of Property Act. The primary question for decision is whether the alienees are transferees for consideration and whether they took reasonable care to ascertain whether the transferor had the power to transfer and acted in good faith. Seventh defendant gave no evidence personally. His agent has come into the box to speak on behalf of his principal. In making the purchase, the alienees presumably relied on the sale deed, Ex. B. 1 and the two khats Exs. B. 3 and B. 4, standi...
Chebrolu Honumayya Vs. Mettu Chinna Malla Reddi and ors.
Court: Chennai
Decided on: Nov-24-1953
Reported in: AIR1954Mad779; (1954)IMLJ573
ORDERGovinda Menon, J.1. This is an application for the issue of a writ of certiorari to quash the order of the Election Commissioner, Guntur, dated 5-8-1953 in O. P. No. 114 of 1052. The petitioner before me hereinafter known as the 'petitioner' was the first respondent in the court below and the contesting respondent hereinafter known as the 'respondent' was the petitioner in the court below. There was an election to ward No. 2 of the Guntur municipality in which the petitioner and the respondent were the rival candidates. The petitioner secured 362 votes whereas the respondent secured only 351 votes. On an election petition filed by the respondent, the election commissioner found that 40 votes cast for the petitioner contained marks by which the elector can be identified and 6 votes cast in favour of the respondent similarly contained marks by which the elector can be identified.He held that these votes were hence invalid and should not be counted. Deducting them from the respective...
Nagappan Poosari and anr. Vs. Krishna Aiyar and anr.
Court: Chennai
Decided on: Nov-24-1953
Reported in: AIR1954Mad803; (1954)IMLJ551
Satyanarayana Rao J.1. Defendants 1 and 2 preferred this appeal against the decision of the Subordinate Judge of Palghat granting a decree against them for arrears of rent with a charge on the suit properties. At the time of arguments of the appeal, however, the first appellant (first defendant) alone appeared.2. The plaintiff sued to recover Rs. 5679-7-0 as arrears of rent due to him from the defendants and also prayed for sale of the tenancy rights of the defendants to discharge the said arrears. The properties in suit originally belonged in jenm to the Vadaseri tarwad. The plaintiff, it is now common ground though there was dispute in the trial court, represents the interest of the landlord in the properties. The case for the plaintiff was that on 9-3-1853 under a document, copy of which is marked as Ex. A. 6, 'saswatham' tenure was created in favour of one Karatti Chinnan Goundan, with a stipulation that he should pay rent at the rate of 231 paras of paddy per year. Defendants 1 an...
Nagappan Poosari Vs. Krishna Iyer and anr.
Court: Chennai
Decided on: Nov-24-1953
Reported in: AIR1954Mad827; (1954)IMLJ554
Satyanarayana Rao, J.1. This is an application under Section 55 of the Malabar Tenancy (Amendment) Act 1951, (Act 33 of 1951) - for stay of the hearing of the appeal A. S. No. 530 Of 1949.2. Our learned brother Subba Rao J. referred this application and appeal to a Bench for an authoritative decision on the interpretation of Sections 54 and 55 of the Malabar Tenancy (Amendment) Act 1951 (Act 33 of 1951).3. The appeal by the defendants arises out of a suit filed by the respondent for recovery of rent by sale of the defendants' rights in the properties mentioned in the schedule attached to the plaint. The suit was decreed by the trial Court for a sum of Rs. 2203-15-4 and proportionate costs together with interest, and a period of three months was given for payment. The decree provided that, if the amount was not paid within the time fixed the tenancy rights of the defendants in the plaint schedule properties should be sold and the proceeds applied in discharge of the above debt. The defe...
Narayanaswami Chettiar Vs. Vellappa Udayar and anr.
Court: Chennai
Decided on: Nov-23-1953
Reported in: AIR1954Mad829; (1954)IMLJ578
Rajamannar, C.J.1. This appeal was originally heard by Chandra Reddi J. who directed it to be posted before a Bench as it raised a question of importance relating to the interpretation of Section 9-A, Sub-section (7), Clause (ii) (a), Madras Agriculturists Relief Act. , The facts necessary for the disposal of this appeal are as follows: On 2-7-1925 one Seviyappudayar acting for himself and on behalf of his minor son Vellayapudayar executed a usufructuary mortgage for Rs. 1000 in favour of Narayanaswami Chettiar, Ex. A-1. It comprised 27 items. A few of these items were sold subsequently by Seviyappudayar to one Kandaswami Udayar by a sale deed dated 30-11-1935. The purchaser was directed to discharge the mortgage. Kandaswami Udayar, in his turn, conveyed the properties purchased by him to Vellayappudayar, the son of Seviyappudayar, by a deed 17-6-1943. Vellayappudayar filed in the Court of the District Munsif of Tirukoilur a petition under Sections 9-A and 19-A of the Madras Agricultur...
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