Kerala Court December 1956 Judgments
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In Re: Padmnabhan Nair Narayanan Nair
Court: Kerala
Decided on: Dec-03-1956
Reported in: AIR1957Ker9; 1957CriLJ447
Koshi, C.J.1. This is a reference under Section 341, Criminal Procedure Code, made by the learned First Class Magistrate of Ponkunnam who committed the accused in P. E. No. III of 1953 on the file of his Court for trial before the Court of Sessions for committing an offence of murder. The accused is deaf and dumb and he was horn so. He stood charged with the murder of his uncle. Before the preliminary enquiry commenced lis counsel presented a petition stating that the accused was deaf and dumb, that he was unable to understand the proceedings in court and that he should therefore be got medicaily examined and a certificate obtained regarding his. capacity to understand the proceedings.In complying with the request the learned Magistrate sent the accused for observation by the Medical Officer in charge of the Government Hospital at Kanjirappally and after keeping him under observation for eight days the Medical Officer reported that he was deaf and dumb and unable to hear and reply ques...
Kutty Narayanan Vs. N.R. Krishnan
Court: Kerala
Decided on: Dec-03-1956
Reported in: AIR1957Ker38
Sankakan, J. 1. The additional 9th defendant who has acquired the rights of the 2nd defendant in the case, is the appellant. The suit property was obtained by defendants 1 and 2 under the kanapattom deed Ext. I of the year 1099. While they were in possession and enjoyment of the property on the strength of Ext. I, the jenmi of the property executed a mortgage in respect of this property in favour of the 3rd defendant in the year 1111 with directions to redeem Ext. I and to recover possession from defendants 1 and 2.The 3rd defendant assigned his mortgage right in favour of the 4th defendant. Tin's right was subsequently acquired by defendants 5 and 6. But none of these defendants took any step to redeem Ext, I up to the year 1122. In the meanwhile, the mortgagor's right of equity of redemption of the property was acquired by the plaintiff in this suit (O. S. No. 895/1121 on the file of the Sherthallai District Munsiff's Court) under a Court sale. His suit was for redeeming Ext. I and a...
Mrs. Elizabeth Antony Vs. K.J. George
Court: Kerala
Decided on: Dec-01-1956
Reported in: AIR1957Ker59
Varadaraja Iyengar, J.1. This Second Appeal arises out of a suit for recovery of arrears of house rent as also money lent. It was filed originally in the Munsiffs Court at Alleppey as O. S, No. 668 of 1850 but transferred to the Cochin Munsiff's Court, because the house in question was situated and the defendant tenant resided, in Cochin. We arc concerned in this appeal only with the question of arrears of rent. These were disallowed to the plaintiff concurrently by both the courts and hence this seond appeal by the plaintiff.2. The tenant-defendant came into occupation on 22-1-1122 and was regular in the payment of the agreed rent at the rate of Rs. 125per mensem till 22-5-1125 corresponding to 6-1-1950. He defaulted for 8 months thereafter and so the claim was made for the arrears. Subsequent to the institution of the suit, the tenant aPPlied for and obtained order dated 21-4-1952 under Section 4 of the Travancore-Cochin Buildings (Lease and Rent) Control Order, 1950, fixing the fair...
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