Chennai Court March 1958 Judgments
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The Board of Revenue, Chief Controlling Revenue Auththority Vs. Simpso ...
Court: Chennai
Decided on: Mar-03-1958
Reported in: (1958)2MLJ273
P.V. Rajamannar, C.J.1. The question referred to us by the Board of Revenue, Madras, the Chief Controlling Revenue Authority in the State, is whether the document purporting to be an indenture of lease made on 31st December, 1953, annexed to the letter of reference is a lease or a mortgage with possession. The material portions of the document which have a bearing on the question which falls for decision are as follows:Whereas under deed of lease, dated 16th day of January, 1948, executed by the parties hereto and registered in the office of Registrar of Assurances at Madras, in Book 1, as Document No. 196 of 1948, the hereditament and premises fully described in the schedule hereto was demised by the lessor to the lessee for a term of five years which expired with the end of January, 1953; whereas, with a view to discharge subsisting incumbrances on the property the lessor applied to the lessee for an advance of Rs. 75,000 agreeing to secure unto the lessee the due repayment of the su...
M.S. Nagaraja Dikshitar Alias M.S. Nagaraja Sarma Vs. Sundaresa Sastri ...
Court: Chennai
Decided on: Mar-03-1958
Reported in: (1958)2MLJ557
Panchapakesa Ayyar, J.1. This is an appeal by one Nagaraja Dikshitar, the petitioner in O.P. No. 60 of 1952, on the file of the District Munsiff, Tiruvannamalai for setting aside the judgment and decree of the District Judge of North Arcot at Vellore, in A.S. No. 175 of 1954, confirming the order of the District Munsiff, Tiruvanna-malai,in the O.P. and declaring that thesixth respondent, A.K. Venkatarama Ayyar, the sub-mortgagee from one Subramanya Sastrigal, the successor-in-interest of the original usufructuary mortgagee, was entitled to the payment of the full sum of Rs. 1,550, due under Exhibit B-5 the sub-mortgage without any liability to have it scaled down under the Madras Agriculturists Relief Act.2. The facts were briefly these: Nagaraja Dikshitar, the appellant, and his brother (since deceased) created a usufructuary mortgage over 18 items of their landed properties, on 12 th August, 1925, in favour of one Seetharama Vadhyar, for Rs. 2,000 under Exhibit B-i. Seetharama Vadhya...
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