Privy Council Court June 1931 Judgments
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Venkat Rao and Another Vs. Namdeo and Others
Court: Privy Council
Decided on: Jun-29-1931
Sir John Wallis: The only question in this case is as to the genuineness of a nuncupative will or oral disposition of his property alleged to have been made by Vishram Patil, a malguzar or landowner of Lonsaoli in the Wardha District of the Central Provinces, who died on the morning of Tuesday, 23rd December 1919, aged 70, leaving two widows, but no children. The will is alleged to have been made on the evening before he died, and again, by way of confirmation, on the following morning shortly before his death. No probate was necessary, but Namdeo, the principal beneficiary, having obtained mutation of names in his favour as regards the deceased's lands, with the consent of the widows, who took widow's estate in the absence of a will, two of the next reversioners or presumptive heirs of the deceased, who would have been entitled to succeed on the determination of the widows' estate, deeming that the order for mutation cast a cloud upon their title, instituted the present suit, under S....
B. Iswarayya Vs. Swarnam Iswarayya
Court: Privy Council
Decided on: Jun-26-1931
Lord Russell of Killowen: The principal question which is raised for decision by this appeal is whether, under the Divorce Act (No. 4 of 1869), the Court, having once made an order granting permanent alimony to a wife who has obtained a decree for judicial separation, has power to make a subsequent order increasing the amount of such alimony. In addition, some points of minor importance are involved, as will subsequently appear. The respondent, having obtained a decree for judicial separation against her husband, the appellant, applied for permanent alimony under S. 37 of the Act. Upon that application an order was made on 1st February 1922, by which the husband was ordered to pay to the wife Rs. 120 a month for her life. An order was also made against him for the payment of Rs. 120 a month in respect of the four children of the marriage. The wife and children appealed. Pending the appeals, the means of the husband had apparently permanently improved ; for the High Court at Madras (whi...
Kishun Prasad Pandey and Others Vs. Durga Prasad Thakur and Others
Court: Privy Council
Decided on: Jun-22-1931
Sir Dinshah Mulla: The dispute in this appeal relates to certain lands situated in village Hasanpur Sangama, also known as Chaita, in the district of Darbhanga, amounting to about 192 bighas and bearing Towzi No. 8176. The suit was instituted by the plaintiffs, who are the appellants before this Board, against four groups of defendants, who are the respondents on this appeal, for a declaration that the lands were ziraat of the proprietors of the village. The plaintiffs own a share of 11 annas in the village, and the second and fourth groups of defendants, the remaining 5 annas. The lands are in the possession of the first and third groups of defendants, and it is they who are contesting the plaintiffs' claim. The main question for determination in this appeal is whether the lands are ziraat or proprietor's private lands within the meaning of the Bengal Tenancy Act. The plaintiffs acquired their interest in the village under three deeds of sale: one of 5 annas 6 gundas, from Mt. Jighri ...
Arthur Wijetilaka Vs. Don Edmund Ranasinghe
Court: Privy Council
Decided on: Jun-12-1931
Lord Thankerton: This is an appeal from a judgment and order of the Supreme Court of the Island of Ceylon dated 30th April 1929, reversing a judgment and order of the Judge of the District Court of Ratnapura, dated 25th February 1928. No appearance was made in this appeal by the respondent and the appeal was heard ex parte. The appellant is a proctor in the Supreme Court, and has been practising in the District Court of Ratnapura for over twenty years, and the respondent is a landowner near Rakwana, a place to which the Police Court of Ratnapura itinerates. On 30th September 1920, the appellant instituted the present suit against the respondent in the District Court of Ratnapura, claiming a declaration that the respondent is a trustee for him in respect of a half share of a leasehold interest in certain Crown land known as the Miyanaowita Tea Estate, and an account of the net income of the land and payment of a half share of such income; he further claimed that the respondent should be...
Monohar Das Mohanta Moharaj Vs. Hazarimull Babu and Others
Court: Privy Council
Decided on: Jun-12-1931
Sir John Wallis: This case which comes before this Board on appeal from a judgment of the High Court at Calcutta reversing the judgment of the Subordinate Judge of Burdwan, raises the question whether the holder of a final decree for sale of mortgaged property is entitled to maintain a separate suit to enforce a further charge against such property for payments made to prevent a sale for arrears of revenue which fell due after the passing of the final decree and while execution proceedings were pending. In 1918 the then Mahant of the Asthal Mutt instituted a suit on a mortgage executed in his favour on 30th January 1905, against the mortgagors, the Tewari family, who are represented in the present suit by defendants 1 to 6, joining the present defendant 7, in whose favour they had executed subsequent mortgages, and also other members of his family, who were interested in an earlier usufructuary mortgage of some of the properties mortgaged to the Mahant. According to the finding of the ...
K.B. Mian Karim Bakhsh and Others Vs. Dargah Pir Rattan Nath and Other ...
Court: Privy Council
Decided on: Jun-11-1931
Sir Dinshah Mulla: The property in dispute is a serai situated outside the Katcheri Gate of the Peshawar city, which, with some lands and buildings adjoining it, belonged jointly as to one moiety to Sadhu Ram and his sons, who were members of a joint Hindu family, and as to the other to Lachmi, widow of Mul Chand. In the jamabandi for the year 1895-96 these properties were entered in the names of Sadhu Ram and Lachmi as owners. On 24th January 1900, Sadhu Ram executed a mortgage with possession of his interest in the serai and a house in favour of appellant 1 and two others to secure payment of Rs. 7,500 advanced to him by the mortgagees. Shortly afterwards Sadhu Ram contracted to sell his interest in the serai and the lands and buildings to Pir Moti Nath. The contract was not carried out and a suit was brought by Pir Moti Nath against Sadhu Ram, Rs. 1,292-8-0 being claimed as damages. The suit was compromised through the intervention of a jirgah, the final arrangement being that Sadhu...
Papiah Naidu Vs. Naganatha Sethupathi and Another
Court: Privy Council
Decided on: Jun-04-1931
Sir John Wallis: This is an appeal from a judgment of the Court of the Resident in Mysore at Bangalore reversing a judgment of the District Judge of the civil and military station of Bangalore, and decreeing the plaintiff's suit on a mortgage of immovable properties in Bangalore effected by deposit of title deeds in Madras. The question is whether such a mortgage is valid. The civil and military station is an area within the territory of the Mysore State, as to which plenary jurisdiction has been transferred by treaty to the British Government, and is governed by the Indian (Foreign Jurisdiction) Order in Council of 11th June 1902, made under the Foreign Jurisdiction Act, 1890. Cl. 4 empowers the Governor-General of India in Council to make rules and orders for territories such as this : "(a) for determining the law and procedure to be observed, whether by applying with or without modifications all or any of the provisions of any enactment in force elsewhere or otherwise." A notificati...
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