Chennai Court July 1962 Judgments
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Gowri Ammal and anr. Vs. Thulasi Ammal (Minor) and anr.
Court: Chennai
Decided on: Jul-05-1962
Reported in: AIR1962Mad510
(1) This Second Appeal raises the question of the interpretation of the provision for legitimacy of the children of void and voidable marriages contained in Section 16 of the Hindu Marriage Act 1955 (hereinafter called the Act). The prior facts necessary for a consideration of this, Second appeal are briefly the following.(2) One Periaswami died in 1956 possessed of Some properties. He had a wife Gowri Ammal, the 1st defendant, and Anandam, a minor son aged 5 years by the 1st defendant, who is the 2nd defendant. it is alleged that Periaswami married a second wife, Kannu Ammal, the 1st plaintiff. This marriage took place after the Hindu Marriage Act of 1955 (Central Act XXV of 1955) came into force. The 2nd plaintiff is the daughter of the 1st plaintiff, and was aged four months at the time when the suit was filed. The 1st and the 2nd plaintiffs claimed in the suit, out of which this Second appeal has arisen, partition and separate pos. session of one half share in the properties of the...
C.M. Rama Nayar Vs. the Deputy Commissioner, Hindu Religious and Chari ...
Court: Chennai
Decided on: Jul-03-1962
Reported in: AIR1963Mad205; (1963)IMLJ225
ORDERVeeraswami, J. 1. This petition, is to quash the order of the Commissioner, Hindu Religious and Chartable Endowments, as well as the order of the Deputy Commissioner, Hindu Religious and Charitable Endowments, dismissing the petitioner from the trusteeship of a trust known as 'Diwan Rama Rayar Mandapam Trust' in Madurai taluk. This is stated to be a specific endowment attached to Kallalagar Temple in Madurai district, which is a listed temple. The petitioner claims to be the hereditary managing trustee of the trust. The Deputy Commissioner, by his communication dated 19th April 1958, directed the petitioner to lease out the lands at Mannadimangalam, belonging to the trust, by public auction in the presence of departmental staff, and after wide publicity and to intimate the date, time and place of auction ten days before it was to be held to the Assistant Commissioner to enable him to depute a member of the staff to be present at the auction. The same communication added that in th...
The Huqdars of Peria Pallivasal and ors. Vs. Revenue Divisional Office ...
Court: Chennai
Decided on: Jul-02-1962
Reported in: AIR1963Mad109
ORDERVeeraswami, J.1. This petition is for a writ of mandamus directing the respondent, who is the Revenue Divisional Officer, Madurai, to make a reference to the proper court, under Section 18 of the Land Acquisition Act, 1894, the dispute with reference to which of the rival claimants to the land acquired is entitled to payment of compensation under the award. T. S. No. 1304/122 of an extent of 2 acres and 41,319 sq.ft. in Pailavarayan tope in West Madurai village at Madurai town was acquired for purposes of the Madurai municipality for constructing a reservoir. The award shows that the petitioners, who claim to be the Huqdars of the Peria Pallivasal in Khazimar Street, Madurai claimed the land to belong to a wakf and that the compensation for the land acquired was, therefore, payable to the Huqdars of the wakf.After referring to the relative evidence on the question, the Revenue Divisional Officer considered that the land belonged to one Noordeen Shazuli Ibrahlm, and found according...
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