Privy Council Court February 1948 Judgments
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Yenkanna Vs. Achanna
Court: Privy Council
Decided on: Feb-04-1948
Reported in: AIR1949PC61
Lord Simonds: In this appeal, which is brought from the Supreme Court of Fiji, their Lordships find themselves so fully in agreement with the reasoning and conclusion of the learned Chief Justice that they can dispose of the matter somewhat shortly. [2] The question for determination in the appeal is whether a certain transfer of a piece of land in Nadroga, Fiji, of an area of some 431 acres, which was made in favour of the appellant by the respondent on 13th December 1941, was made, as the appellant contends, by way of outright sale to the appellant so that he was at all times thereafter the beneficial owner thereof, or was, as the respondent contends, made by way of security and upon terms which in effect made the appellant a trustee for the respondent of the land and any proceeds of sale thereof, after certain mortgages, to which the land was subject, had been satisfied. [3] The relevant facts are briefly as follows. In the year 1938 the respondent had bought a piece of land of an a...
Raja Mahadeva Royal Y.B. Vs. Raja Virabasava Chikka Royal and Other
Court: Privy Council
Decided on: Feb-03-1948
Reported in: AIR1948PC114
Sir Madhavan Nair: This is a consolidated appeal and cross - appeal, from a decree of the High Court of Judicature at Madras dated 1st November 1940, affirming a decree of the Subordinate Judge of Chittoor dated 4th November 1935. [2] The plaintiff is the appellant before the Board; defendant 2 is respondent 1, hereinafter called the respondent. He is the main contesting respondent, and he has filed the cross - appeal. [3] The dispute in the appeal is concerned with the succession to the impartible estate of Punganur, known as the Punganur Zemindari, situated in the Chittoor district of the province of Madras. Succession to the Zemindari is regulated by the rule of lineal primogeniture and it devolves on the senior male member nearest to the last holder by right of survivorship. The estate is subject to the Madras Impartible Estates Act (Act 2 [II] of 1904). [4] The last holder of the Zemindari, Raja Sambasadasiva, died in 1923, without leaving any male issue. As the paternal uncle of ...
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