Court : Chennai
Reported in : 24Ind.Cas.685
..... point seems to us to proceed on a misconception of the way in which riparian rights have been defined. we have cited the relevant portions of the indian easements act which show that such rights are defined by reference to the fact that no material injury is caused to other like owners. the method by which the plaintiff ..... declaration as has been made by the lower appellate court.6. on the facts found the rights of the parties must be governed by section 7 of the indian easements act. clause (b) lays down the general 'right' of every owner of immoveable property 'to enjoy without disturbance by another the natural advantages arising from its situation'. one ..... of the tenement abutting on the channel. in doing so it was argued before us that the learned subordinate judge must have proceeded under section 35 of the easements act.5. the plaintiff claims before us that the lower appellate court ought to have held, that diversion of more water than that which the 1st defendant was accustomed to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1914Mad70; 24Ind.Cas.491
..... withdrew his disturbance of the enjoyment of the whole village by venkatagiri nayani varu and his nephew chinnasami and that in a division between venkatagiri nayani varu and chinnasami in 1871, venkatagiri nayani varu got 1/3rd without any participation of his wife rangammal (the zemindar's sister) while chinnasami got the remaining 1/3rd share. as to ..... a family agree to an arrangement which has been arrived at without undue advantage being taken, the minor sons cannot be allowed to disturb the arrangement after it had been acted upon for many years.' in ramdas v. chabildas 7 ind. cas. 134 : 12 bom.l.r. 621. chandavarkar, c.j., and macleod, j., held : in the ..... iii.7. as regards the other 3/3rd share, there is again a dispute as to the true state of the facts, the plaintiffs contending that it belonged from 1871 to sadanapalli's younger brother (plaintiff's grandfather), venkatagiri nayani varu alone, the husband of the zemindar's sister rangamma, whereas the defendant's case is that it .....
Tag this Judgment!Court : Chennai
Reported in : (1915)28MLJ525
..... sale set aside and that that application is barred by limitation as not having been brought within the 30 days allowed for that purpose by article 166 of the limitation act. as i have remarked before in this case an application was put in by the plaintiff under section 47 of the civil procedure code and this suit arose out of the ..... taking proper proceedings and could not treat such a sale as completely void, a legal representative who was a minor not represented by a guardian and who could therefore not act at all in the proceedings for the protection of the interests of the estate should be treated as no party at all to the proceedings, that the interest in ..... sale he also knowing that she (the plaintiff) was a minor. the purchaser (3rd defendant) and the decree-holder (the 1st defendant) was also guilty of some other fraudulent acts (as found by the lower appellate court) in connection with this court auction sale.12. the sale took place on 19-10-1906 and it was confirmed on the 23rd .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad345; 25Ind.Cas.109
1. We are satisfied that there has been some confusion created in the decision of the two appeals out of the two suits by the lower Appellate Court. The lease on which the plaintiff relied in the plaint in one, of the suits was a lease or. muchilika from year to year alleged to have been created in the plaintiff's father's favour for a premium of Rs. 10 and a yearly rent of Rs. 7. The right in dispute in that suit was the mirasi right in certain lands.2. The lease on which the plaintiff relied in the other suit was a lease or muchilika alleged to have been created in favour of one Krishnaswami Iyer who is alleged to have transferred his rights as lessor to the plaintiff by sale-deed, Exhibit G.3. The lower Appellate Court relies on the evidence of the plaintiff's 2nd witness to find in the plaintiff's favour that the defendant was the plaintiff's tenant in respect of both the mirasi lands and the shrotriem lands. On a perusal of the plaintiff's 2nd witness's evidence, it is clear to us...
Tag this Judgment!Court : Chennai
Reported in : 24Ind.Cas.999; (1914)27MLJ306
..... vedas speak of as being incumbent upon the son to discharge consists not only in the worship of the family gods, but also in the performance of good and pious acts...building and endowing temples, going on pilgrimage, feeding the poor, relieving the needy and the distressed, the digging of, tanks, etc., the appointed priest is not expected to perform ..... bangadani rao sahib : (1912)23mlj79 . it is true as pointed out by mr. s. srinivasa aiyangar that in section 2, sub-clauses 2 and 3 of the madras impartible estates act (ii of 1904), the successor is spoken of as the heir: it does not follow there from that he takes by inheritance. section 4 of the ..... act introduces practically the same restrictions upon the power of the proprietor of the estate to make alienations as fetter the acts of the managing member of a joint hindu family. the law has thus practically been brought into conformity with the .....
Tag this Judgment!Court : Chennai
Reported in : 24Ind.Cas.528
..... the sovereign, to transmute the custom into positive law', and concludes that the policy leading to such enactments as the charters of the high court, or the civil courts acts proceeded upon the broad, easily recognisable basis of allowing the newly conquered people to retain their domestic usages.' 'the main object was to retain to the whole,, people lately ..... hogan's manual of malabar, volume 1, page 273, to which the judge was entitled to refer in accordance with sections 49, 87 and 32(4) of the evidence act. taking these three i facts, subramania aiyar, j., by a process, of reasoning in which he also included considerations of principle of, equity and justice came to the ..... proved.' these considerations are not exclusive of each other. dae attention must be given to each of them and to any others that may be relevant under the evidence act to the question of fact involved. it is true that neither of the courts below has considered the question in the manner in which, in my opinion, it .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad608; (1914)27MLJ645
..... . in these circumstances the plaintiffs may well claim that inasmuch as the question on which they seek adjudication has reference to people residing in madras and the acts that will be subject of investigation have taken place in madras it would be more beneficial to the plaintiffs that the suit should be tried by the court ..... 3 does not suggest that it was intended that the expression ' district court' should be applicable to the high court, and section 3(15) of the general clauses act prevents the high court in the exercise of its ordinary original civil jurisdiction being included in the expression ' district judge' and clause (24) of the same section defines ..... proceedings in this suit which has been instituted on the original side of this high court be ' indefinitely stayed under sections 22, 23, 24 and 151 of act v of 1908'. the suit is instituted by a limited liability company for recovering damages for defamation from the editor, printer and publisher of a newspaper in lahore.3 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad256; 25Ind.Cas.96
..... his legal representatives were disputing among themselves, the appellants paid the full amount due into court on 1st october 1903 under section 83 of the transfer of property act. notice appears to have been given as required by that section, but as the mortgagee's representatives could not settle their disputes, the money remained in court ..... other benefit from it be entitled to the cessation of interest from the date of the original deposit?' this consideration may not perhaps be available in interpreting an act of the legislature. assuming that it is available, is it not a sufficient answer that the mortgagor has to pay interest not because he derives benefit from ..... continued readiness to pay has been held in england to be necessary for the cessation of interest.' the danger of referring to english law instead of our own acts has frequently been adverted to. in regard to this particular matter the judges themselves seem to point to a distinction between deposit and tender. if the english .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad534(1); (1914)27MLJ147
..... jhotee sahoo v. omesh chander sircar i.l.r. (1879) c. 1 lay down in express terms that 'an order made ex parte under section 5 of the limitation act (act ix of 1871) may on proper cause shown be set aside by the court which made it.' these decisions leave no room for the expression of any opinion on my part on .....
Tag this Judgment!Court : Chennai
Reported in : AIR1915Mad659(2); (1914)27MLJ285
..... unauthorised alienation.3. assuming that she was the de facto guardian, her alienation for no necessity need not be set aside. article 44 of the limitation act does not apply to alienations by unauthorised guardians see mata din v. ahmed ali i.l.r. (1911) a. 213 the judgment of the ..... it is said that ' it was not questioned and it would riot very well be questioned' that a paternal grandmother of the minor who has acted as the manager of the minor's property ' answered to the descriptions of natural guardian in this case.' it is argued for the appellants that ..... the elder brother and the direct male and female ancestors of the minor) is entitled as a matter of natural right to be and to act as guardian of a minor's person and properties. recourse must be had to the court (representing the rights of the king which are paramount ..... sadasiva aiyar, j.1. following kristo kissor neoghey v. kader moye dossee (1871) 2 c.l.r. 583 and musst. bhihno koer v. musst chamelu koer 2 c.w.n. 191. i hold that .....
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