Chennai Court September 1981 Judgments
Oriental Fire and General Insurance Co. Ltd. Vs. Alamelu and ors.
Court: Chennai
Decided on: Sep-09-1981
Reported in: AIR1983Mad221
Ramanujam, J.1. The insurer of the vehicle MDS 8287, which was involved in a fatal accident and attains whom an award was passed for a sum of Rupees 25000/-by the Tribunal in M.A.C.T.O.P. 42 of 1977, is the appellant herein.2. On 15-2-1977, at about 9.30 a.m. one Junjithapatham was checking in the said bus as he was the checking inspector employed by the transport company which owns the bus. while he was so checking the tickets, the vehicle got off the road and dashed against a palmyra tree and capasozed. As a result of the subden jerk and unexpected dashing and capasizing of the bus the said Kunjithapatham was crushed to death. On the ground that the accident was due to the rash and negligent driving of the said bus by its driver, the dependants of the deceased Kunjithapatham filed a claim petition in M.A.C.T.O.P.No.42 of 1977 claiming a compensation of Rs.50,000/-for his death.3. The said claim petition was opposed by the owner of the vehicle and insurer with which the vehicle had be...
Tag this Judgment!Rajeshwari Devi Vs. S.M. Rabi and ors.
Court: Chennai
Decided on: Sep-09-1981
Reported in: (1982)2MLJ263
R. Sengottuvelan, J.1. An interesting question of law, viz., whether a vacant site with only an asbestos sheet roofed shed in the middle of the premises supported by wooden poles without any enclosure and open on all sides constitutes a building as defined under Section 2(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, arises for determination in this civil revision petition. The civil revision petitioner is the landlord in respect of the premises bearing door No. 116, T.P.K. Road, Ward No. 19, Madurai town, measuring an extent of 33ft. north-south and 148 ft. east-west barring an extent of 17 ft. north-south and 70 ft. east-west in the north western corner was leased to1 the third party. It is the admitted case of the landlord as well as the tenant that what was leased out is the vacant site with only one asbestos sheet roofing in the middle supported by wooden poles without any enclosure with open sides. The agreed monthly rent is Rs. 400. The landlord filed R.C.O.P. No....
Tag this Judgment!Commissioner of Income-tax, Tamil Nadu-v Vs. Textool Co. Ltd.
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1982)27CTR(Mad)133; [1982]135ITR200(Mad)
1. Messrs. Textool Company Ltd., Coimbatore, which is the assessee in this income-tax reference, is a company carrying on business in the manufacture of carding engines, draw frames, ring frames and cone winding machines. 2. The assessee had to import certain materials as component parts for the purpose of manufacturing carding engines. The imports had to be made under import licences obtained under a peculiar scheme. The licences were to be applied for through the Indian Cotton Mills Federation. Under the licensing scheme, the assessee had to pay the Federation certain sums in advance as premiums to cover the entire imports the licence. Credit was given by the Federation to the assessee of the extent of the actual import of articles under the respective licences. If the assessee was not in a position to utilise the licences to the fullest extent, and there were shortfalls in actual imports, to that extent the assessee's premiums with the Federation would stand forfeited. 3. In the two...
Tag this Judgment!T. Thiruppathi Vs. Maimoon Bibi and ors.
Court: Chennai
Decided on: Sep-08-1981
Reported in: AIR1982Mad120; (1982)1MLJ154
ORDER1. This civil revision petition arises out of the order of the appellate authority and the Subordinate Judge of Madurai passed in C. M. A. 238 of 1976, dismissing the claim of the landlord, the civil revision petitioner, for eviction of the premises bearing door No. 232 East Masi St. Madurai Town, on the ground~ that the landlord required the same for the purpose of demolition and reconstruction under S. 14(1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act hereinafter referred to as the Act. Originally the landlord filed R. C. 0. P. 569 of 1974 on the file of the Court of the District Munsif and the Rent Controller, Madurai Town, for eviction of the tenants, the respondents herein, on the ground that the landlord required the premises for the purpose of demolition and reconstruction and also on the other ground that the tenants had caused damages to the building. The learned Rent Controller after enquiry held that the landlord had not proved the second ground, viz, th...
Tag this Judgment!Bharat Trading Company, a Partnership Firm Through One of Its Partners ...
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1982)1MLJ94
R. Sengottuvelan, J.1. The Civil Revision Petition is filed by the Bharat Trading Company through one of its Partners K. Palanimalayan, to evict the tenants in respect of the petition mentioned premises hearing Door Nos. 40 and 40-A, North Veli Street, Madurai in which they are conducting a business in automobile spare parts. Originally the landlord, the respondent herein, filed an application in R.C.O.P. No. 373 of 1976 on the file of the Court of the Rent 'Controller and the District Munsif, Madurai Town for the eviction of the tenants on the ground that the landlord required the premises for demolition and reconstruction under Section 14 (1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter referred to as the Act. The case of the landlord before the Rent Controller is that the petition-mentioned building is old and that he intended to demolish the old construction and proposed to erect a new building. The building is situate in an important locality. He requir...
Tag this Judgment!N. Sambasivam Vs. Abdul Sattar
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1982)1MLJ75
ORDERR. Sengottuvelan, J.1. This civil revision petition is filed' by the landlord, the owner of the premises bearing Door No. 11, Gopalapuram, Second1 Street, Madras-86 against the order of the appellate authority and the Third Judge of Court of Small Causes, Madras in H.R.A. No. 160 of 1978. The landlord originally filed an application in H.R.C. No. 2052 of 1975 on the file of the Court of the Rent Controller and the 7th Judge of Court of Small Causes, Madras seeking to evict the tenant, the respondent herein, on the ground that the tenant had committed willful default in payment of rent from December, 1974 to June, 1975 and on the ground that the landlord required the premises for the purpose of demolition and reconstruction. The learned Rent Controller after considering the oral and documentary evidence let in the case came to the conclusion that the case of the landlord that the tenant is guilty of willful default in payment of rent cannot be upheld. The learned Rent Controller al...
Tag this Judgment!K. Rengaswamy Naidu Vs. the Tamil Nadu Handloom Weavers Co-operative S ...
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1982)1MLJ130
ORDERR. Sengottuvelan, J.1. The civil revision petitioner before this Court is a landlord in respect of non-residential building bearing Door No. 18, Main Road, Sattur, Ramanathapuram District. The respondent herein had been a tenant in the said building, under the civil revision petitioner, on a monthly rent of Rs. 135 and the building is being occupied by the Co-optex Sales Emporium. The civil revision petitioner filed an application in H.R.C.C. No. 5 of 1978 on the file of the Rent Controller, Sattur for eviction of the respondent herein, on the ground that he required the premises for his own hotel business. The case of the civil revision petitioner before the House Rent Controller is that himself and his son had been running a hotel business in a rented building bearing Door No. 255, Trunk Road, Satturv belonging to Krishnaswamy Naicker, son of Guruswami Naicker. The said Krishnaswamy Naicker had been pressing the tenant, the civil revision petitioner herein to vacate the aforesai...
Tag this Judgment!P. Kandaswamy Vs. Hajee K.S. Mohamed Mohideen Rowther
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1982)1MLJ179
R. Sengottuvelan, J.1. This civil revision petition is filed by the tenant in respect of the premises situate in T.S. No. 3969|5, T.S. No. 3969|3 in Pudukkottai Town against the orders of the appellate authority and the Subordinate Judge, Pudukkottai in C.M.A. No. 2 of 1979. The landlord originally filed an application in R.C.O.P. No. 5 of 1978 on the file of the Court of the Rent Controller and the District Munsif, Pudukkottai for eviction of the tenant from the above mentioned premises on the ground that the tenant had caused damages to the above mentioned premises and also used the premises for a purpose other than that for which it was leased out. The premises in T.S. No. 396915 is described in A schedule in R.C.O.P. No. S of 1978 and the same was let cut for non-residential purpose according to the landlord. The premises comprised In T.S. No. 3969J3 is described in B schedule to the above said R.C.O.P. and the same is leased out for residential purpose according to the landlord. T...
Tag this Judgment!L.A.K. Shanmughasundaram Chettiar and anr. Vs. Municipal Council and a ...
Court: Chennai
Decided on: Sep-08-1981
Reported in: (1990)2MLJ224
V. Sethuraman, J.1. The plaintiffs in O.S. No. 92 of 1973 in the Court of the Subordinate Judge of Tuticorin are the appellants. They filed the suit for declaration of their title and for injunction in respect of the suit property. The suit was filed by them as representatives of a community called the 24th Manai Telugu Chettiar Community of Sankarankoil. Defendants are the Municipal Council, Sankarankoil, which was previously a Panchayat, and one Kandasamy Naicker, who was a contractor working for the Municipal Council. The suit property is situated in Sankarankoil Town immediately west of the Main Road running north to South. The entire property is described as item 1 in the plaint and its measurements are 115 1/2 feet east to west and 112 3/4 feet north to south. There are two buildings, a hotel and a mandapam in the north-eastern portion of this property. In fact, it runs to a good portion of the north in the plan as prepared by the Commissioner. The east-west measurement of those ...
Tag this Judgment!Bharat Trading Company Vs. K. Shanmughasundaram
Court: Chennai
Decided on: Sep-08-1981
Reported in: 1982(1)MLJ94
JUDGMENTR. Sengottuvelan, J.1. The Civil Revision Petition is filed by the Bharat Trading Company through one of its Partners K. Palanimalayan, to evict the tenants in respect of the petition mentioned premises hearing Door Nos. 40 and 40-A, North Veli Street, Madurai in which they are conducting a business in automobile spare parts. Originally the landlord, the respondent herein, filed an application in R.C.O.P. No. 373 of 1976 on the file of the Court of the Rent 'Controller and the District Munsif, Madurai Town for the eviction of the tenants on the ground that the landlord required the premises for demolition and reconstruction under Section 14 (1)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, hereinafter referred to as the Act. The case of the landlord before the Rent Controller is that the petition-mentioned building is old and that he intended to demolish the old construction and proposed to erect a new building. The building is situate in an important locality. H...
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