Court : Chennai
Reported in : 35Ind.Cas.749
..... been as of right, the courts in england will infer a title by prescription. there appears to be no substantial difference between the language of the english prescription act and the indian easements act, and, therefore, the same would appear to be the law in this country. applying this principle to the present case the plaintiffs would appear to have acquired ..... common. i, therefore, see no reason why the presumption of english law should not be applied. the question as to whether user was of right' as required in the easements act was considered in gardner v. hodgson's kingston brewery company ltd. (1903) a.c. 229 : 72 l.j. ch. 558 : 52 w.r. 17 where an owner had enjoyed ..... of english law that the right should be presumed to have had a legal origin if such a legal origin was possible, and that the courts will presume that those acts were done and those circumstances existed which were necessary to the creation of a valid title.' in gale's work on easements (page 204) we also find the rule .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ97
..... and under the powers so conferred the first thing the madras government did was to reproduce bengal regulation xli of 1793 as regulation i of 1802. under section 8 of the act of 37 geo. 3, c. 142 the regulations were to be registered in the judicial department and formed into a regular code and printed with translations and all ..... only question that raises any difficulty in this case is whether government in issuing a sannad which included the grant of the inams acted ultra vires by reason of the provisions of regulation xxv of 1802. in section 4 of that regulation it is recited that government had reserved to itself the entire exercise of its discretion in continuing or abolishing ..... into force of the regulation, as if that had been the. case, parliament would have said so explicitly as in the acts of 1773 (13 george 3, c. 63, section 36) and 1807 (47 george 3, sess. 2, c. 68, section 1.)9. as regards regulation xxv of 1802, it seems to me to be the proper inference that the provisions of .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.407; (1916)31MLJ406
..... reversioners represent the whole estate (b) that according to the theory of hindu law the reversioners occupy the position of guardians forming a sort of family council and an act done with their consent should be presumed to be valid (c) since the law allows surrender to the next reversioners it logically follows that they and the widow ..... the first place regarded as a proof of the propriety of the transaction, raising a presumption that the alienation was made under circumstances which rendered it a proper and valid act. in raja lukhee dabea v. gokool chunder chowdhry (1869) 13 m.i.a. 209 , the judicial committee observe: ' their lordships do not wish to impugn the authorities ..... lingayya was at the time the nearest reversionary heir. viyyamma is not shown to have consented to the relinquishment in favour of her son. if she had, her act might possibly be construed as having the effect of a joint surrender on her part as well as on the part of the widows. mr. venkatrama aiyar argues that .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.921; (1916)31MLJ575
..... necessary that both parties should be competent to contract, that is, should have the capacity to make binding promises. that, i think, is not required by section 10 of the act. section 10 provides for both unilateral and bilateral contracts and the words ' the free consent of the parties competent to contract' should be taken distributively. if the words ..... an illegal purpose or in pursuance of an illegal contract, the transfer takes affect though it may be avoided by the transferor in certain cases. (see section 84 of the trusts act). a transfer cannot be void unless (a) the transferor is incompetent to transfer or the transferee is incompetent to hold the property, (b) the ..... mortgage executed by him during minority, which militates against this view. what was ruled in that case was that an infant being incompetent to contract (section 11 of the contract act), a contract or agreement purported to be made by him should be treated as if it did not exist and that the question whether a .....
Tag this Judgment!Court : Chennai
Reported in : 40Ind.Cas.238
..... and the defendant be driven to a cross suit.' in this case defendant's plea undoubtedly amounts to an equitable set-off and as such is barred under section 192(e) of the act.3. in this view it is unnecessary to discuss the larger question of whether, apart from the question of set-off, defendant is precluded by the ..... cultivation of which the rent had been fixed. the first court allowed an abatement of rent, but the lower appellate court disallowed appellant's contention because under section 38 of the estates land act he could and should have applied to the collector for a reduction of rent.2. patta was accepted by defendant for fasli 1318 and a muchilika executed ..... provisions of the act from setting up in defence to a suit for rent, a right which he is specifically allowed by the act to enforce by suit or otherwise.4. the district judge has not recorded any finding on the question whether two .....
Tag this Judgment!Court : Chennai
Reported in : 35Ind.Cas.121
..... been brought in a revenue court on the ground that defendants were non-occupancy tenants of old waste, the court of first instance applying section 153, and the lower appellate court section 157, estates land act.2. the facts are that defendants first cultivated their respective portions of the land without permission in faslis 1315, 1317, 1318 respectively. ..... nowhere denied), that the lands were cultivable lands and also that they were not private lands. i think the definition of ryoti land in section 2, clause 3, of the the estates land act applies to these lands. mr. l.a. govindaraghava aiyar for the appellant relies on the fact that there was an idea at one ..... circumstances the land must be treated as old waste ryoti land.5. plaintiff contends, next, that the section applicable to suits in respect of such land is section 163, not section 153 or 157 of the madras estates land act. the first mentioned cannot apply if defendants have been admitted as ryots by plaintiff and on the facts, .....
Tag this Judgment!Court : Chennai
Reported in : 38Ind.Cas.617
..... by the subsequent order. the question is whether that order was legitimate.2. i think that it was and with reference to more direct considerations than those afforded by section 5, limitation act, on which the lower appellate court has, to some extent, relied. it has further followed the reasoning of farran, c.j , in bai ful v. ..... by limitation. the appeal memorandum was filed by the plaintiff in tie district court on 8th september 1914 within the thirty days granted by article 152 of the limitation act, (excluding the time required for obtaining copies of judgment and decree). but he wished to appeal as a pauper and hence he, in accordance with order xl1v, ..... appeal to the lower appellate court should have been dismissed as out of time. it was undoubtedly first filed with proper stamp after the period allowed by the limitation act had expired. but appellant, having failed on 31st december 1914 in his application for leave to appeal as a pauper, on 4th january 1915 obtained three weeks' .....
Tag this Judgment!Court : Chennai
Reported in : (1917)ILR40Mad687
..... by the subsequent order. the question is whether that order was legitimate.2. i think that it was, and with reference to more direct considerations than those afforded by section 5, limitation act, the lower appellate court has to some extent relied (sic) the reasoning of farran, c.j., in bai ful v. desai manorbhai i.l.r. (1898) ..... by limitation. the appeal memorandum was filed by the plaintiff in the district court on 8th september 1914 within the thirty days granted by article 152 of the limitation act (excluding the time required for obtaining copies of judgment and decree). but he wished to appeal as a pauper and hence, he, in accordance with order xliv, rule ..... to the lower appellate court should have been dismissed as out of time. it was undoubtedly first filed with a proper stamp after the period allowed by the limitation act had expired. but appellant having failed on 31st december 1914 in his application for leave to appeal as a pauper, on 4th january 1915 obtained three weeks' time .....
Tag this Judgment!Court : Chennai
Reported in : (1916)31MLJ339
..... them.napier, j.3. this was a suit under section 55 of the estates land act brought against the receiver of the nidadavole estate by the two plaintiffs who were the successful bidders at an auction lease for the enjoyment of purushottapalli lanka ..... persons possessed of an interest in land of the nature indicated in ex. a cannot be regarded as 'ryots' entitled to the benefit of section 13 clause (1) of the madras estates land act and that on this ground the suit must fail.2. i also agree that appellants are entitled to refund of excess court fee claimed by ..... the deputy collector dismissing the suit, the reason given by the district judge being that the term izaradar in section 6 sub-section 6 of the estates land act includes a person holding under a lease of this nature and the sub-section prevents such a person acquiring the rights of occupancy conferred on ryots in possession of ryoti land on the .....
Tag this Judgment!Court : Chennai
Reported in : 36Ind.Cas.727
..... raja mavyam mahtthikshmamma garu v. nurukonda ramiah is as follows:sadadva aiyar and moore, jj--though ijaradar usually moans 'farmer of rout' (see clause 6 of section b of the estates land act), the ijara muchilika on which the plaint lands were let to the respondents in this case was clearly a muchilika executed by a cultivating tenant (and not ..... by them.napier, j.3. this was a suit under section 55 of the estates land act brought against the receiver of the nidadavole estate by the two plaintiffs, who were the successful bidders at an auction-lease for the enjoyment of purushottapalli ..... persons possessed of an interest in land of the nature indicated in exhibit a cannot be regarded as 'ryots' entitled to the benefit of section 6, clause (1), of the madras estates land act; and that on this ground the suit must fail.2. i also agree that appellants are entitled to refund of excess court-fee claimed .....
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