Chennai Court February 1973 Judgments
Subbiah Nadar Vs. Nallaperumal Pillai and ors.
Court: Chennai
Decided on: Feb-23-1973
Reported in: AIR1973Mad432; (1973)1MLJ459
1. The plaintiff in O. S. No. 472 of 1967 on the file of the District Munsif Court. Tuticorin, is the appellant herein. He filed the suit for a declaration that he is the cultivating tenant in respect of the suit properties and for an injunction restraining the defendants, from interfering with his possession and enjoyment of the same. His case was that the suit properties originally belonged to one Nallaperumal, who died leaving two sons, Chinnakannu Pillai and Sundaram Pillai that the suit properties came to be allotted to the share of Chinnakannu Pillai, that after his death his sons the defendants 1 to 4 became owners of the same that he is a cultivating tenant of the suit properties although for the last 40 years since the time of Nallaperumal Pillai, that defendants 1 to 4 with the assistance of defendants 5 and 6 are trying to evict him from the suit lands by force and, that therefore, he was constrained to file the suit for the relief's set out above.2. It was contended by defe...
Tag this Judgment!The Nagercoil, Asarimar Samudayam, Muthuraman and Natesa Trust, Repres ...
Court: Chennai
Decided on: Feb-23-1973
Reported in: (1973)2MLJ306
G. Ramanujam, J.1. The plaintiffs in O.S. No. 373 of 1969 on the file of the District Munsiff, Nigercoil, are the appellants herein. They filed a suit for a declaration that plaintiffs a to 8 are the legally constituted trustees of one Nagercoil East Street, Asarimar Samudayam Mutharamman and Natesaswamy Trust and that in such capacity they are entitled to manage the affairs of certain temples and for an injunction restraining the defendants 1 to 5, the trustees appoint-ed by the area committee, Hindu Religious and Charitable Endowment Department, Suchindram, the sixth defendant from interfering with such management of the temples. Their case was that the temples in question belonged to the Asarimar community and that the trustees for the management of the temples are elected only by the members of the community and that the area committee constituted under the Hindu Religious and Charitable Endowments Act, 1959 had no right to interfere with the management of the temples by appointing...
Tag this Judgment!K. Jayaraj Vs. P.M. Ponuuswami and anr.
Court: Chennai
Decided on: Feb-23-1973
Reported in: (1973)2MLJ379
ORDERV.V. Raghavan, J.1. The petitioner in the Election Original Petition No. 30 of 1970., on the file of the Court of the Election Tribunal (Principal District Munsif), Turaiyur, is the petitioner herein. The revision petition under Article 227 of the Constitution of India is directed against the order of the Election Commissioner, rejecting the petition seeking to declare the election of the first respondent to the office of the Vice-Chairman of the Thathiangarpet Panchayat Union Council as invalid.The petitioner's case is that he and the first respondent contested for the Vice-Chairmanship of the Panchayat Union Council, Thathiangarpet, that after the counting of the votes the petitioner was announced to have secured 13 votes and the first respondent who originally secured 12 votes, one of the votes on the further scrutiny was held to be valid with the result that both the petitioner and the first respondent secured 13 votes each and lots were cast and the first respondent was decla...
Tag this Judgment!V.S. Natarajan and ors. Vs. Rani Kannuthai and ors.
Court: Chennai
Decided on: Feb-22-1973
Reported in: AIR1974Mad98
1. The question that arises for decision in this appeal is, whether the buildings situate in an impartible estate which has been notified under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948) hereinafter referred to as the Abolition Act, vesting in the landholder under the provisions of Section 18 (4) of the Abolition Act continued to retain their character of impartiality or not.2. Defendants 20 to 25 in O.S. No. 26 of 1956 on the file of the Court of the Subordinate Judge of Tirunelveli are the appellants herein. The suit itself Was instituted as an interpleader one by the Court of Wards, Madras represented by the Estate Collector of Sivagiri Estate. The last principal holder of the estate, one V.R.P. Chinnathambiar, Zamindar of Sivagiri, applied to the Court of Wards, for the estate being taken over and managed by it, as it Was in an involved condition. The Court of Wards took over the management of the estate in 1941...
Tag this Judgment!iqbal Begum and ors. Vs. Tax Recovery Officer and ors.
Court: Chennai
Decided on: Feb-22-1973
Reported in: [1974]97ITR310(Mad)
Ramaswami, J. 1. These writ petitions challenge the validity of attachment orders made by the Tax Recovery Officers with respect to the attachment of the properties which stand registered in the names of the petitioners for the recovery of income-tax arrears due from the respective husbands of the petitioners in Writ Petitions Nos. 484 of 1969 and 1144 of 1970, and the father of the petitioner in Writ Petition No. 801 of 1970. The petitioner in Writ Petition No. 484 of 1969 is one Iqbal Begum and an extent of 12 acres, 43 cents which was purchased in her name under sale deeds dated December 15, 1963, and January 5, 1964, was attached and proclaimed for sale for the recovery of income-tax arrears due from her husband on the ground that the defaulter purchased the properties in the name of his wife, the petitioner, that the petitioner was a benamidar, that the real owner was the defaulter and that the properties had been in the possession and enjoyment of the defaulter. The attachment an...
Tag this Judgment!V.S. Natarajan and ors. Vs. Rani Kannuthai and ors.
Court: Chennai
Decided on: Feb-22-1973
Reported in: (1973)2MLJ338
M.M. Ismail, J.1. The question that arises for decision in this appeal is, whether the buildings situate in an impartible estate which has been notified under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948) hereinafter referred to as the Abolition Act, vesting in the landholder under the provisions of Section 18 (4) of the Abolition Act continued to retain their character of impartiality or not.2. Defendants 20 to 25 in O.S. No. 26 of 1956 on the file of the Court of the Subordinate Judge of Tirunelveli are the appellants herein. The suit itself Was instituted as an interpleader one by the Court of Wards, Madras represented by the Estate Collector of Sivagiri Estate. The last principal holder of the estate, one V.R.P. Chinnathambiar, Zamindar of Sivagiri, applied to the Court of Wards, for the estate being taken over and managed by it, as it Was in an involved condition. The Court of Wards took over the management of the...
Tag this Judgment!M.R.V. Bus Service (P) Ltd. Vs. Ravi and anr.
Court: Chennai
Decided on: Feb-21-1973
Reported in: AIR1974Mad212
N.S. Ramaswami, J.1. These four civil miscellaneous appeals arise out of two claim petitions before the Motor Accidents Claims Tribunal, Chingleput. The said Tribunal disposed of three claim petitions by a common judgment, the claims in all these same accident. The accident in question occurred on 11-5-1967 at about 8.30 a.m. near Ambattur in Avadi-Madras road. The Vehicle involved in the accident is the bus bearing registration No. MDF 1376 owned by the 1st respondent in all the three petitions before the Claims Tribunal Minor Ravi (by his next friend) is the petitioner in M. O. P. No. 60 of 1967. Meyyappan is the petitioner in M. O. P. 61 of 1967 and Annamalai is the petitioner in M. O. P. No. 64 of 1967. Out of these three petitioners, the first two, viz., minor Ravi and Meyyappan, were passengers in the bus concerned. The 2nd respondent in all these petitions was the driver of the vehicle and the 3rd respondent is the insurer of the vehicle.2. Admittedly the bus MDF 1376 which had ...
Tag this Judgment!Subbiah Devendran and anr. Vs. Kasamuthu Konar and ors.
Court: Chennai
Decided on: Feb-21-1973
Reported in: AIR1973Mad437; (1973)2MLJ15
ORDER1. This is a petition for extension of time granted in C. M. P. 11138 of 1972 in A. S. 61 of 1972. A. S. 61 of 1972 is against an order passed by the lower court declaring that the appellants are trespassers on the suit lands. The contention of the appellants is that they are cultivating tenants and, as such, there must be a declaration to that effect that they are cultivating tenants, and not trespassers. During the pendency of the suit the petitioners herein were in possession and they continued to be in possession even after the filing of the appeal in this court by virtue of the stay order. Unfortunately, the petitioners did not comply with the conditions mentioned in the stay order granted by Krishnaswamy Reddy, J., as early as 7-7-1972. Subsequent to that it is alleged by Mr. T. R. Mani, the learned counsel for the respondents, that delivery has been effected as early as 19-1-1973 owing to the fact that the conditions made in the stay petition have not been complied with. Ne...
Tag this Judgment!Corporation of Madras Vs. Veeraswami
Court: Chennai
Decided on: Feb-21-1973
Reported in: 1973CriLJ1567
Somasundaram, J.1. This is an appeal by the Corporation of Madras and it is against an acquittal in a case under the Prevention of Food Adulteration Act. P. W. 1 a sanitary inspector attached to the Corporation purchased as per Ex. P. 2, 650 ml. of cow's milk from the accused at 6-15 a. m. on the 21st of June 1969. P. W. 1 put the milk into three bottles, sealed them, retained one with him, handed over one to the accused and sent the third to the Public Analyst for analysis. The Analyst, on examination, found that there was a deficiency of fat to the extent of 26 per cent, in the milk which he analysed. A complaint was filed against the accused for an offence under Section 2 read with Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954. P. W. 1 deposed to the above facts. When questioned in Court, the accused stated that he gave only fresh milk which he had just then milked from the cow and that the deficiency, if any, must be due to the poor quality of the feed which th...
Tag this Judgment!A.V. Palaniswami Vs. the Election Court (District Munsif) and ors.
Court: Chennai
Decided on: Feb-20-1973
Reported in: (1973)2MLJ60
ORDER1. This Writ Appeal arises out of an election for the President of Appanaickenpatty Panchayat in West Coimbatore District. The election took place on 31 st July, 1970. The contestants were Palaniswamy (appellant) and Ramamurthi (fifth respondent in the appeal). According to the Returning Officer, the appellant secured 712 votes and the fifth respondent 710 votes. 60 votes were declared invalid, the total number of votes thus being 1,482. The fifth respondent filed an election petition before the Election Tribunal, namely, District Munsif, Tiruppur. The Election Tribunal directed a recount and found 704 votes as having been polled in favour of the appellant and 708 votes in favour of the fifth respondent. According to him ten votes which had been counted as valid by the Returning Officer were invalid so that the total number of invalid votes were found to be 70. That was what has been described as the first stage. The appellant filed a revision petition in this Court against the or...
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