Chennai Court July 1970 Judgments
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Appu Alias Ayyanar Padayachi Vs. State
Court: Chennai
Decided on: Jul-30-1970
Reported in: AIR1971Mad194; 1971CriLJ615; (1971)2MLJ53
Somasundaram, J.1. This referred case and the connected appeal arise out of Sessions Case No. 137 of 1969, wherein the Sessions Judge of Salem convicted and sentenced the appellant herein, Appu alias Ayyanar to death, subject to confirmation by this Court, under Section 302, Indian Penal Code (seven counts) for the seven murders alleged to have been committed by him on the mid-night of the 27th day of May 1969 at Ennaikaranpudur, a village in Salem District.2. The appellant is the younger brother of the deceased Periaswami. They were living together in adjoining huts. From some time past, there had been strong ill-feeling between them, on many scores. Ten days prior to this occurrence, deceased Periaswami trespassed into the appellant's land and sowed cholam. This was the last straw. Few days subsequent to this incident, the appellant went to the hut of his brother, accompained by Sorien (P.W. 6). This was with the object of murdering him. P.W. 6 refused to participate. This attempt en...
Rahima Bivi Alias Safia Bi Vs. Sirajunnissa Bi, Azizunnissa Bi
Court: Chennai
Decided on: Jul-30-1970
Reported in: (1971)2MLJ243
1. The plaintiff is the appellant. She had executed a sale deed in favour of the first defendant on 19th October, 1953. He sold it to the second defendant on and May, 1954, and the second defendant sold it to the third defendant on 9th July, 1965. The third defendant usufructuarily mortgaged the property to one Subbhan Sahib, who assigned it to one Rahimunnissa Bi, who transferred it to one Zackriya Sahib who in turn transferred it to the fourth defendant. The suit was for possession on the ground that the plaintiff executed the document believing it to be a usufructuary mortgage deed, but it had been fraudulently written as a sale deed. The trial Court decreed the suit but the learned Subordinate Judge of Tiruppathur allowed the appeal by the sixth defendant, who had subsequently been added as a vendee of the suit property and dismissed the suit.2. The first point that arose was whether the plaintiff had made out her case that she had executed the document believing it to be a usufruc...
Pichai Vs. the Commissioner for Hindu Religious and Charitable Endowme ...
Court: Chennai
Decided on: Jul-29-1970
Reported in: AIR1971Mad405; (1971)1MLJ166
1. This appeal is by the plaintiff against the judgment and decree of the First Additional Subordinate Judge, Madurai dismissing the suit filed by him to set aside the order of the Deputy Commissioner for Religious Endowments Board in framing a scheme in respect of a religious trust created by one Chockalingam Pillai by a settlement deed dated 24-10-1924.2. The brief facts which culminated in the filling of the suit by the appellant are these: There is a temple called Kalyanasundareswarar temple in Ayaniyapuram village. One Chockalingam Pillai, a native of the said village who was pious and religious man desired to make four idols of Sri Appear. Sundarar, Manickavasagar and Sambandamurthi and instal them in the said temple of Sri Kalyanasundareswarar. He requested his friend and relative, one Muthukaruppa Pillai of the same village who had taken interest in thiruppani work of the said temple, to make the aforesaid four idols and construct temples for them. The said Muthukaruppa Pillai ...
Subramania Pillai Vs. Rajakkani Nadar and anr.
Court: Chennai
Decided on: Jul-28-1970
Reported in: AIR1971Mad310; (1971)1MLJ223
Veeraswami, C.J.1. The legal representative of the deceased tenant, against whom an order of eviction had been obtained, is the petitioner. While the application for eviction in execution of that order was pending, the tenant died on October 17, 1963. The application for bringing on record the petitioner as the tenant's legal representative was filed in March 1964 and it was ordered by the District Munsif, and that order was confirmed by the District Judge. The petition to revise the order came in the first instance before Alagiriswami J., who not being inclined to the view of the then Chief Justice in C. R. P. No. 929 of 1969 referred it for disposal by a Division Bench.2. The petitioner relies on Rule 32 of the Rules framed under the Madras Buildings (Lease and Rent Control) Act, which provides for one month from the date of the death of the person concerned or the date of the knowledge of the death of the person concerned as limitation for an application for bringing the legal repre...
K.R. Narayana Iyengar (Died) by L.Rs. Vs. K.K. Ranganatha Iyengar and ...
Court: Chennai
Decided on: Jul-28-1970
Reported in: (1971)1MLJ62
M.M. Ismail, J.1. The legal representatives of the second defendant in O.S. No. 607 of 1962, on the file of the Court of District Munsif, Goimbatore, are the appellants before this Court. The subject-matter of of the suit related to the right to do the poojari service in Sri. Ranganathaswami temple at Karamadai for the first 15 days in a month. The first respondent herein instituted the suit for a direction to the Trustee and the Executive Officer of Sri Ranganathaswami temple to permit the first respondent to exercise his right as poojari in the suit temple and to direct defendants 2 and 3 by means of an injunction to stop them for serving as poojaris for those 15 days. For the purpose of understanding the case of the plaintiff as well as the defence of the defendants it is necessary to state certain facts. Admittedly, the poojari service of the temple was hereditary and under a partition arrangement between the parties one Srinivasa Iyengar was entitled to do service for the first 15...
Narayanaswami Desari and anr. Vs. the Commissioner of Hindu Religious ...
Court: Chennai
Decided on: Jul-28-1970
Reported in: (1971)2MLJ91
1. This appeal is preferred by the two plaintiff's who sued for cancellation of the order of the Commissioner, for Hindu Religious and Charitable Endowments, dated 25th July, 1962, holding that the properties constituted religious endowments and calling for the plaintiffs to pay contribution. 2. The case of the plaintiffs is that the properties in dispute were in enjoyment of the plaintiffs, ancestors for over 300 years and they were cultivating the same. According to them their family was looking after the Sanjeevirayar temple at Pidampatty and in recognition of their devoted services the Raja of Pudukkottai made a grant of item 1 lands in Pidampatti Village under Exhibit A-1. A similar grant was also made in Rasipuram and Kumaramangalam Villages. They also claim that in the fisal which was conducted at the time of the inam enquiry and title granted by the Inam Commissioner, the right of the plaintiff's ancestors in the lands was recognised and the grant was construed as a personal gr...
M. Janakiram Naidu Vs. T.R. Arumugha Mudaliar
Court: Chennai
Decided on: Jul-24-1970
Reported in: (1970)2MLJ535
G. Ramanujam, J.1. This revision has been filed by the tenant against the order of eviction passed by the Rent Controller, Madras under Section 10(3)(a)(i) of the Madras Buildings (Lease and Rent Control) Act, 1960 and confirmed by the appellate authority, in respect of premises No. 78, Karaneeswarar Koil Street, Mylapore, Madras. Eviction was sought on the ground that the respondent (landlord) required the premises bona fide for his own use and occupation as he had no other premises of his own in the City of Madras and that he had purchased the premises in question only with a view to occupy the same. The petitioner contested the petition on the ground that there was no relationship of landlord and tenant as between himself and the respondent that his tenancy was only with the former owner and that in any event there was no notice terminating the tenancy. The Rent Controller found that there was the relationship of landlord and tenant as between the petitioner and the respondent, that...
V.S. Swaminatha Iyer (Died) and ors. Vs. K.S. Srinivasa Ammal
Court: Chennai
Decided on: Jul-24-1970
Reported in: (1970)2MLJ636
ORDERG. Ramanujam, J.1. The decree-holder is the appellant in C.M.S.A. No. 2 of 1967 while the judgment-debtor is the appellant in C.M.S.A. No. 49 of 1967. There was a suit O.S. No. 81 of 1963 on the file of the Sub-Court, Tiruchirapalli on a promissory note. In I.A. No. 227 of 1953 in the said suit the plaintiff filed an application for attachment before judgment of the properties belonging to third defendant. At that stage the third defendant gave a security bond before that Court for a sum of Rs. 10,000 in respect of her properties in Salem district. After decree was passed in the suit, the same was transferred to the Sub-Court, Salem for execution. In execution in R.E.P. No. 176 of 1960 before the Sub-Court, Salem, the third defendant raised the contention that the execution petition is not maintainable that the security bond had been executed in favour of the Sub-Court, Tiruchirapalli, that the same cannot be transferred by the decree-holder without an assignment in his favour and...
Smt. Lena Ratnam Vs. the Indian Red Cross Society, Madras State Branch ...
Court: Chennai
Decided on: Jul-23-1970
Reported in: (1970)IILLJ642Mad
M.M. Ismail, J.1. The plaintiff in O.S. No. 408 of 1962 on the file of the City Civil Court, Madras, who lost both before the trial Judge as well as the appellate Judge is the appellant before this Court. She was appointed as a lecturer in Medical Social Work by the first respondent on 3rd November, 1956. However, in September, 1960 the department in which the appellant was working was itself transferred to the 2nd respondent and consequently her services also were transferred to the 2nd respondent, Subsequently, certain events happened, the result of which was that the appellant's services were terminated by the 2nd respondent by notice dated 29th June 1961. It is thereafter that she instituted the suit in question praying for 'a declaration that the notice, dated 29th June 1961 terminating the services of the plaintiff is illegal, void, inoperative and of no effect, and that the plaintiff still continues to be in the service of the defendants, and for directing the defendants to pay ...
Smt. Lena Ratnam Vs. the Indian Red Cross Society and anr.
Court: Chennai
Decided on: Jul-23-1970
Reported in: (1970)2MLJ601
M.M. Ismail, J.1. The plaintiff in O.S. No. 408 of 1962 on the file of the City Civil Court, Madras, who lost both before the trial Judge as well as the appellate Judge is the appellant before this Court. She was appointed as a lecturer in Medical Social Work by the first respondent on 3rd November, 1956. However, in September, 1960, the department in which the appellant was working was itself transferred to the 2nd respondent and consequently her services also were transferred to the 2nd respondent. Subsequently, certain events happened, the result of which was that the appellant's services were terminated by the 2nd respondent by notice, dated 29th June, 1.961. It is thereafter that she instituted the suit in question praying for 'a declaration that the notice, dated 29th June, 1961 terminating the services of the plaintiff is illegal, void, inoperative and of no effect, and that the plaintiff still continues to be in the service of the defendant, and for directing the defendants to ...
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