Privy Council Court October 1942 Judgments
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Madhorao Narayanrao Ghatate Vs. Ramkuwarsha and Others
Court: Privy Council
Decided on: Oct-13-1942
SIR GEORGE RANKIN: Defendant 1 appeals from a decree of the High Court of Nagpur dated 22nd Match 1938, which reversed a decree dated 30th July 1934, of the Additional District Judge of Bhandara in the Central Provinces. The suit which was brought in 1931 has reference to the zemindari of Dalli, which is situate in the tahsil of Sakoli in the Bhandara district. By it the plaintiff Ramkuwarsha sought to establish that this zemindari is an impartible estate which belongs solely to himself and of which he is in exclusive possession. The trial Court dismissed the suit but the High Court on appeal decreed it, holding that the zamindari is one that vests in the chosen head of the family for the time being. The head of the family recorded in the revenue records as zemindar and lambardar from time to time since 1866 may be here set out: 1866 - Duragsha. 1866-1911 Dewajee. 1911-1925 Sakharam. 1925- Ramkuwarsha, plaintiff. Dewajee was an adopted son; he is described as adopted in Duragsha's...
Mt. Sahodra Vs. Ram Babu
Court: Privy Council
Decided on: Oct-13-1942
SIR MADHAVAN NAIR: This is an appeal from a decree of the High Court of Judicature at Allahabad dated 13th April 1937, which affirmed a decree of the Court of the Subordinate Judge at Muttra in favour of the plaintiff dated 18th September 1933. The only question for decision is one of law, viz., whether the words "sister's son" in S. 2, Hindu Law of Inheritance (Amendment) Act, 1929, which will hereinafter be referred to as "the Act," include the son of a half-sister Section 2 of the Act is as follows : A son's daughter, daughter's daughter, sister and sister's son shall, in the order so specified, be entitled to rank in the order of succession next after a father's father and before a father's brother: Provided that a sister's son shall not include a son adopted after the sister's death. The facts of the case are not in dispute and need not be referred to in detail. The parties are Hindus governed by the law of the Mitakshara. The property in the suit belonged to one Krishna Murari w...
Pr. N.Sm. Chockalingam Chettiar Vs. Official Assignee of Madras
Court: Privy Council
Decided on: Oct-13-1942
LORD RUSSELL OF KILLOWEN: This is an appeal from a decision of the High Court of Madras (in its appellate jurisdiction), which varied an order made by the same Court (in its insolvency jurisdiction), which had reversed an order made by the Official Assignee of Madras. It will be convenient in the first place to state shortly the events which led up to this appeal. In 1919, there existed an undivided Hindu family consisting of the father A.R. Somasundaram and his four sons Arunachalam, Ramanathan, Sundaresan and Lakshmanan, which carried on business in divers places in British India, and at Jaffna and Colombo in Ceylon. In 1919, Ramanathan died and in 1923 the father died. On 14th May 1925, letters of administration were granted by the District Court of Jaffna to Arunachalam and Sundaresan on the footing that their father had died intestate; but subsequently the Secretary of the Court was associated in the administration as official administrator, and was virtually in charge of the admi...
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