Court : Chennai
Reported in : 34Ind.Cas.6
..... that, therefore, the defendant became a tenant from year to year on an annual rent of rs. 210 is correct or not, i have held that a revision under section 25 of act ix of 1887 is a matter of discretion in this court [see gopala iyengar v. venkatakrislina iyengar (1912) m.w.n. 1227, and i am clearly of opinion ..... a person who has ceased to be the lessee owing to the lease term having expired and owing to no new relationship of lessor and lessee having been created under section 116, is not a claim based on contract, express or implied, and is one sounding in damages due to the owner by a person in possession without rightful claim ..... 'it seems doubtful whether the fiction of a tenancy by sufferance should be kept up after the transfer of property act, according to which a lease is determined by the efflux of the time limited thereby [see section 111].' under section 116 of that act, the tenant holding over becomes a tenant from year to year, only if the lessor or his legal representative .....
Tag this Judgment!Court : Chennai
Reported in : (1916)30MLJ492
..... that therefore the defendant became a tenant from year to year on an annual rent of ks. 210 is correct or not, i have held that a revision under section 25 of act ix of 1887 is a matter of discretion in this court. see gopala iyengar v. venkatakrishna iyengar (1912) m.w.n. 1227 and i am clearly of opinion that ..... a person who has ceased to be the lessee owing to the lease term having expired and owing to no new relationship of lessor and lessee having been created under section 116 is not a claim based on contract express or implied and is one sounding in damages due to the owner by a person in possession without rightful claim to ..... , 'it seems doubtful whether the fiction of a tenancy by sufferance should be kept up after the transfer of property act, according to which a lease is determined by the efflux of the time limited thereby (see section 111.' under section 116 of that act the tenant holding over becomes a tenant from year to year, only, 'if the lessor or his legal representative .....
Tag this Judgment!Court : Chennai
Reported in : 35Ind.Cas.65
..... the con-elusion come to by the munsif was a decree. hence there is a right of appeal, unless there is a positive provision of law against giving that right. section 2, clause (2), in my opinion, applies only to total dismissals for default and not to partial dismissals of this kind. i am strengthened in this view by the language ..... whether it be of the whole, suit or part of it, and in neither case is it to be regarded as a decree. reference is, made to the definition in section 2 of a decree which expressly excludes any order dismissing a suit for default, as i say, that is a tempting view of the matter, but i cannot bring myself ..... for a long period of years without wages under the plaintiff and in that way he had extinguished the, whole debt except rs. 10. in those circumstances the district munsif acted under order ix, rule 8, of the code of civil procedure. he gave a determination to the effect that the plaintiff should have a decree for rs. 10 and that .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.859; (1916)30MLJ615
..... be brought in the name of the original creditor and the debt due to the defendant in the suit could of of course be set off. but section 3 of the transfer of property act contains this definition : 'actionable claim' means a claim to any debt other than a debt secured by mortgage of immovable property or by hypothecation or pledge ..... mortgage, still, there remains available to the defendant a common law doctrine that it can be so set-off and that this doctrine even goes beyond the language of section 132 and makes the assignee liable not only to the equities at the date of the transfer but any debts due from the assignor to the mortgagor prior to ..... of the assignee. what seems to be conclusive against this argument is that under the express words of the transfer of property act an assignment of this nature is not an actionable claim within the meaning of section 132. the principle that transferees of an actionable claim shall take it subject to all the liabilities and equities to which the .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad683
..... be brought in the name of the original creditor and the debt due to the defendant in the suit could of course be set off. but section 3 of the transfer of property act contains this definition:actionable claim means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge ..... , still, there remains available to the defendant a common law doctrine that it can be so set off, and that this doctrine even goes beyond the language of section 132 and makes the assignee liable not only to the equities at the date of the transfer but any debts due from the assignor to the mortgagor prior to notice ..... of the assignee. what seems to be conclusive against this argument is that under the express words of the transfer of property act, an assignment of this nature is not an actionable claim within the meaning of section 132. the principle that transferees of an actionable claim shall take it subject to all the liabilities and equities to which the .....
Tag this Judgment!Court : Chennai
Reported in : (1916)30MLJ559
..... has now gob the title, has to be determined by a consideration not merely of the provisions of section 91 of the trust act but also of section 40 of the transfer of property act and section 27 of the specific relief act. all the three sections enact in substance the right of a person who had obtained a contract of sale, to enforce the ..... give effect to the previous contract by way of specific performance, though he is not liable in damages as the original vendor would be. the language of section 91 of the trust act is that the subsequent transferee 'must hold the property for the benefit of the latter to the extent necessary to give effect to the contract.' it is ..... bapireddi i.l.r. (1904) m. 336 and hold that he is entitled to resist the transferee's suit for possession. there is however the provision in section 91 of the trusts act, and it is unnecessary to extend that decision to cases of transferees. after all, in legal theory, there does not seem to be any difference between the position .....
Tag this Judgment!Court : Chennai
Reported in : 35Ind.Cas.213; (1916)31MLJ123
..... of his admission. here it may be observed that the words 'letting' and 'tenant ' appear to be used throughout the act only in cases where no occupancy right is conferred (cf. section 6(3) and (4) and section 157,) as admission to ordinary ryoti land is not regarded as creating the relation of landlord and tenant properly so called. ' letting ..... i have already stated this would not be the case with regard to letting after the act. as regards letting before the act, the legislature did, i think, intend to make a difference. the main principle of the act is to be found in sections 6, 8 and 9. the intention was to confer occupancy rights on all ryots in occupation ..... the defendants at the time of the passing of the madras estates land act comes within the definition of old waste in that act. the main principle of the act, as declared in section 6, is that every one in occupation of ryoti land at the passing of the act or thereafter admitted to occupation acquires an occupancy right; but at a .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad529
..... of his admission. here it may be observed that the] words 'letting' and 'tenant' appear to be used throughout the act only in cases where no occupancy right is conferred: cf. section 6(3) and (4) and section 157, as admission to ordinary ryoti land is not regarded as creating the relation of landlord and tenant properly so called. 'letting ..... i have already stated this would not be the case with regard to letting after the act. as regards letting before the act, the legislature did, i think, intend to make a difference. the main principal of the act is to be found in sections 6, 8 and 9. the intention was to confer occupancy rights on all ryots in occupation ..... the defendants at the time of the passing of the madras estates land act, comes within the definition of 'old waste' in that act. the main principle of the act, as declared in section 6, is that every one in occupation of ryoti land at the passing of the act, or thereafter admitted to occupation, acquires an occupancy right; but at a .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.778; (1916)30MLJ565
..... purpose, such proceedings being a suit brought for the express purpose by or on behalf of all the creditors of the transferor.2. the material section re section 53 of the transfer of property act which is as follows: 'every transfer of immovable property made with intent to defraud, prior or subsequent transferees thereof for consideration or co-owners or ..... in a representative action as there are in permitting a number of actions being brought against the same purchaser. however that may be, the language of section 53 of the transfer of property act, to my mind, is clear that any person who was defrauded, defeated or delayed can impeach the transaction.9. before dealing with the english ..... terms lay down that all the creditors should join in a representative action before a fraudulent sale can be set aside. all that justice williams in vyse v. brown (1884) 13 q.b.d. 199 held was that the settlement should not be treated as void but it was liable to impeachment in a proper action. clegg v. .....
Tag this Judgment!Court : Chennai
Reported in : 34Ind.Cas.730; (1916)31MLJ214
..... let to the tenant. in the other case of king emperor v. alexander allen 3 it was held that the proviso to clause 3 of section 63 of the madras district municipalities act exempting from taxation, lands usedsolely for agricultural purposes apply to lands under grass let by the owner for pasturing cattle and that therefore the owner was ..... 424) that 'a lease of land... as pasture for ploughing cattle... will be a lease for 'agricultural purposes' within the meaning of that phrase in section 117 of the transfer of property act. the above observation is an obiter dictum and it is not clear from the context whether it was intended to apply to a case where the lease ..... land in exhibits a and b as 'seri' and 'separated from the seri ' not being of much value, having regard to the presumption laid down in section 185 of the estates land act that every land shall be ' presumed not to be private land until the contrary is shown'. see also gajapathi maharaja garu v. sondi prahlada bissoyi ratno (1918 .....
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