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Chennai Court August 1973 Judgments

Aug 02 1973

Perumal and ors. Vs. G. Ellusamy Reddiar and anr.

Court: Chennai

Decided on: Aug-02-1973

Reported in: (1974)1MLJ292

Ramaswami, J.1. The claimants in O.P. No. 225 of 1965 before the Motor Accidents Claims Tribunal, Madras, whose petition has been dismissed, are the appellants. The three appellants are the brothers and sister of one Kadirvelu who was killed in a motor accident which occurred at about 1 P.M. on 25th August, 1965 in Gbantz Road, Madras. The lorry bearing registration No. MDJ 2172 owned by the 1st respondent is the vehicle which was involved in the accident. Kadirvelu was actually standing on the steps of a tea shop off the pedestrian pavement east of the road and the lorry in question swerved, went over the pavement and knocked against the said tea shop, in the process jamming Kadirvelu to death. The appellants claimed a total sum of Rs. 40,000 as compensation, making the owner of the vehicle and the insurer thereof as respondents 1 and 2 respectively. The two respondents contested the petition and the Tribunal came to the conclusion that the accident was not due to any negligence or ra...

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Aug 01 1973

K. Narayana Rao Vs. Meenakshi Velu and ors.

Court: Chennai

Decided on: Aug-01-1973

Reported in: AIR1974Mad158

K. Veeraswami, C.J.1. There are two appeals before us, one arising out of a suit for specific performance which had been decreed and the other, for redemption of a mortgage which was dismissed. The appellant is a third mortgagee who was not a party to the suit for redemption instituted by the mortgagor; but, by leave of this court, he preferred these appeals. The third mortgagee was, however, a party to the suit for specific performance. One Kasturi Sakuntala mortgaged to one V. Ranganathan Chetti on 6-3-1956 for Rs. 13,200/-. The deed of mortgage reserved to the mortgagee a power of sale under Section 69 of the Transfer of Property Act. Though there was a suit to prevent the exercise of the power of sale, the mortgagee eventually, through auctioneers, exercised his power of sale and accepted the highest bid of Rs. 52000. The purchaser immediately paid Rs. 13000 into the hands of the auctioneers. The balance of Rs. 3900 was paid by the purchaser on 1-3-1963, and it is not in dispute th...

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