Chennai Court December 1956 Judgments
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In Re: Ramaswamy Mudaliar
Court: Chennai
Decided on: Dec-07-1956
Reported in: AIR1957Mad673
ORDERSomasundaram, J.1. This is a revision against the decree passed by the Subordinate Judge of Cuddalore in S. C. S. No. 251 of 1955. The suit was for recovery of damages being the price for the purchase of property from the defendant, as he had been dispossessed by the rightful claimant, the claim being recognised by a decree of court. This is a plain and simple suit for damages and the lower court has given a decree in favour of the plaintiff. It is against this decree that this revision has been filed by the defendant 2. The point, that is raised before me, is that the Small Cause Court has no jurisdiction, because under Article 11 of the 2nd schedule of the Provincial Small Cause Courts Act, 9 of 1887, the Small Cause court has no jurisdiction to entertain a suit of this nature. Article 11 of the 2nd schedule is as follows:'A suit for the determination or enforcementof any other right to or, interest in immoveableproperty.'In plain language the suit must be one to determine the r...
V.T. Ramaswami Aiyar Vs. Veerakodi Vellala Charity by Trustee Kanniah ...
Court: Chennai
Decided on: Dec-04-1956
Reported in: (1957)2MLJ123
1. This Petition is against the order of the learned District Judge of Chingleput reversing the order of the two Courts below in revision. The tenant is the Petitioner.2. The tenant has been in occupation of a property belonging to the respondent for over a period of 10 years by virtue of a lease granted by the previous trustees In his favour for 10 years. The lease expired in 1954, and since then the tenant has been holding over claiming to be the statutory tenant in respect of the premises. His right as a statutory tenant occupying the premises is not now in dispute in this Civil Revision Petition.3. He being a statutory tenant can be evicted only under the provisions of the Madras Buildings (Lease and Rent Control) Act. So, it was that the respondents filed an application before the Rent Controller on two grounds. The first ground was that he had not paid rent for one month, i.e., the month commencing from, 20th September, 1954. On this point all the Courts were agreed that the land...
Mohamed Zackeria, Firm Vs. V. Srinivas and Co. and anr.
Court: Chennai
Decided on: Dec-03-1956
Reported in: AIR1957Mad403
Panchapakesa Ayyar, J.1. This is an appeal against the order of Balakrishna Ayyar J. adjudicating the appellant, Mohamed Zackeria firm, by sole proprietor Mohamed Zackeria, insolvent under the' Presidency Towns Insolvency Act as he did not pay the debt of about Rs. 3000 due to the first respondent, V. Srinivasan and Co., on dealings, despite the attachment of his house in Madras remaining in force for 21 days. .The appellant had urged before Balakrishna Ayyar J. that he was worth nearly a lakh of rupees and that his debts did not amount to even one fourth of that amount and that it would be improper to adjudicate him Insolvent when he could easily pay off all his debts. He had represented that he had Rs. 80,000 worth of property in Vaniyambadi, in the shape of a house and tannery, and some movable property besides. Balakrishna Ayyar J. was not impressed by this argument.Not only the debt of Rs. 3,000 due to the first respondent, but also a small decree debt of Rs. 400, had remained unp...
A.S. Mohamed Adam Vs. Managing Trustee and ors.
Court: Chennai
Decided on: Dec-03-1956
Reported in: (1959)2MLJ83
Basheer Ahmed Sayeed, J.1. This revision is against the order of the learned District Judge of Nagapattinam, dated 2nd July, 1956, in District Court Proceedings No. 2543. The order sought to be revised is in the following terms:As that member has been continuously absent for the past six months, it may not be desirable to continue his membership any longer. Sri A.K.M. Lasa Maracair is appointed to be a member of the Board in that place. This order was passed on a report of the Managing Trustee of the Nagore Darga made to the District Judge, Nagapattinam, dated 30th June, 1956. The report is to the effect that the petitioner, A.S.M. Adam, was continuously absenting himself from the meeting of the Advisory Board as detailed therein, that in all he had absented himself on eleven occasions, including the occasions reported by the President of the Advisory Board and that he had left for Malaya. The Managing Trustee also stated that there were no bye-laws relating to such a matter and that, ...
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