Chennai Court July 1970 Judgments
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Bodi Reddy Vs. Appu Goundan
Court: Chennai
Decided on: Jul-02-1970
Reported in: (1970)2MLJ577
M.M. Ismail, J.1. S.A. No. 1113 of 1966.--This appeal arises out of a suit filed by the appellant herein for declaration of his title to and possession of a small extent of property from the respondent herein and for injunctions, both permanent and mandatory. The appellant and the respondent are adjacent owners of the land, the appellant being the owner of the northern portion and the respondent being the owner of the southern portion. The case of the appellant was that in or about June, 1962, the respondent encroached upon a portion of his property by shifting his stone ridge towards the north. As soon as he came to know of the encroachment, he moved the Revenue Department and requested the officials to effect measurement of the boundary line and accordingly the boundary line was measured in November, 1962. The encroachment made by the respondent was made known to him. As the respondent did not remove the encroachment and surrender the encroached portion to the appellant, when request...
Narayanaswami Naidu Vs. Chellammal and ors.
Court: Chennai
Decided on: Jul-02-1970
Reported in: (1970)2MLJ633
S. Ganesan, J.1. Narayanaswami Naidu, the defendant-Judgment-debtor in O.S. No. I221 of 1953 on the file of the District Munsif, Coimbatore is the appellant herein.2. The material facts necessary for the disposal of this appeal lie in a short compass. One Damodaraswami Naidu filed the suit O.S. No. 1221 of 1953 referred to above against the appellant herein for recovery of a document, viz., an agreement to reconvey executed by the appellant in his favour. A sum of Rs. 2,000 had to be paid for, for enforcement of the agreement to reconvey. The suit was decreed as prayed for and, in execution of that decree, Damodaraswami Naidu sought to attach the appellant's properties and obtained a successful order therein. Thereupon the appellant filed C.M.A. No. 127 of 1960 before the first appellate Court, and a compromise was entered into and a joint memo. was filed whereby it was agreed that the executing Court might fix the sum payable to Damodaraswami Naidu as compensation under the provisions...
In Re: Subramaniam Alias Rangaswami
Court: Chennai
Decided on: Jul-01-1970
Reported in: (1971)2MLJ110
R. Sadasivam, J. 1. Appellant Subramaniam alias Rangaswami has been convicted Under Section 302, Indian Penal Code, for the murder of his concubine Pavayee on the night of 27th August, 1969 in Parayan-kadu in the village of Ettikuttaipalayam, and sentenced to death subject to confirmation by this Court. He was also charged Under Section 404, Indian Penal Code, for haying misappropriated the gold saradu weighing about 3 sovereigns from the dead body of Pavayee, but he was acquitted of the said charge. 2. The deceased Pavayee was the third of seven daughters of P.W. 1 Komaragoundan. She was married to one Pachai Kozhi about 15 years prior to this case. But she lived with him only for a couple of months and then she returned to her parents' house. It is stated by P.W. 1 that his daughter Pavayee divorced her husband according to the caste custom by removing thali. Pavayee was eking out her livelihood by weaving carpets and she even purchased some jewels out of the earnings, and one such j...
ibrahim Bathima Vs. Thirukkanna thevar
Court: Chennai
Decided on: Jul-01-1970
Reported in: (1970)2MLJ440
ORDERB.S. Somasundaram, J.1. On the night of 28th July, 1968 at the village of Meesal in Ramnad District, gold chain weighing about five sovereigns and cash amounting to Rs. 2,735 were stolen from the house of Ibrahim Bathuma (P.W. 1). On information furnished by the accused, there was recovery both of the chain and the cash from the accused and some persons to whom he had given. The Sub-Divisional Magistrate, Ramnad, convicted the accused and directed the return of the M.Os. to the complainant, namely P.W. 1. On appeal, the Sessions Judge of Ramnad acquitted the accused and ordered that the property involved in the case should be returned to the accused. Aggrieved at this order, the complainant has come up to this Court. P.W. 1 in the case is the person who has been adversely affected by the order now made by the learned Sessions Judge. There has been no notice to her. Though there is no reference in Section 520 of the Code of Criminal Procedure for the sue of any notice to the concer...
T.A. Rathinam Pillai and anr. Vs. Sri Sankaraswami Mutt and anr.
Court: Chennai
Decided on: Jul-01-1970
Reported in: (1970)2MLJ604
K. Veeraswami, C.J.1. The appeals arise from an order of Kailasam, J., quashing a notification of Government G. O. Ms. No. 2622, Revenue, dated 7th November, 1964, by which the Governor in exercise of the powers under Section 2 (1) (i) of the Madras City Tenants Protection Act, 1921, specified the Thanjavur Municipal Town as coming under that section with effect from the date of the notification, to wit, 11th November, 1964. The original Act was confined in its operation to the City of Madras. By Act (XIX of 1955) power was conferred on the State Government to extend the provisions of the Act it to any other municipal town, among other places, by notification. A notification was made on 28th March, 1956 under the amended provisions extending the scope of the Act to Thanjavur. Taking advantage of the notification, the lessees of the premises in question who are the appellants in Writ Appeal No. 265 of 1956, applied under Section 9. But Madras Act (XIII of 1960) excluded non-residential ...
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