Court : Chennai
Decided on : Apr-20-1949
Reported in : AIR1950Mad124
..... to 7. in appeal, we agreed with the lower court that the defendants obtained no right as lessees and were not tenants within the meaning of section 2 (4) of act xv [15] of 1946 and that upon the expiry of the lease in favour of plaintiff 3, the defendants became trespassers and were bound to ..... decision in annapurnabai v. ruprao as obiter, little realising that they were part of the ratio decidendi of perichiappan chettiar v. nachiappan : air1932mad46 concerning the proper interpretation of section 110, civil p. c. the learned judge, perhaps truly enough, observes that the argument negatived by the court in perichiappan chettiar v. nachiappan : air1932mad46 , was that ..... defendants resisted the suit mainly on the ground that they were entitled under act xv [15] of 1946 (the madras buildings lease and bent control act) to remain in possession since they satisfied the definition of 'tenants' found in section 2 (4) of that act. they had no lease deed in their favour; but they sought to support .....
Tag this Judgment!Court : Chennai
Decided on : Jul-06-1949
Reported in : AIR1950Mad37
ORDERMack, J.1. This petition hag been filed on behalf of a minor wife by next friend to revise the order of the learned District Judge of Guntur declining to set aside a custody order he passed in O. P. No. 118 of 1947 on 80th September 1947 on the ground that he had not consulted the wishes of the minor who was a grown up girl before he passed his order.2. The custody order is as follows :'The petitioner as the husband of the minor wife is in law entitled to her custody especially when it is found from his evidence which has not been challenged that his marriage with the minor was consummated three years ago. The respondents have no objection to restore custody. They have endorsed on the petition to that effect. I therefore order the custody of the minor to the petitioner. The parties shall bear their own costs.'3. The respondents to the original petition were the girl's sister and her husband. Along with this revision petition an application for stay of the custody order was admitte...
Tag this Judgment!Court : Chennai
Decided on : Jul-08-1949
Reported in : AIR1950Mad39
..... revenue for land included in her patta but which she did not own. in such circumstances the question is whether she is entitled to a charge under section 100, t. p. act and article 132, limitation act. in rajah of vizianagaram v. raja s. soma-sekhararaj, 26 mad. 686 a full bench of this court has held that where one of two or ..... a salvage lien or on the basis that the plaintiff and the defendants, being co-owners of this property, plaintiff is entitled to get a charge under article 132, limitation act. it is admitted--and there can be no question about it -- that during the time the plaintiff paid the revenue, the property in question was included in her patta. on .....
Tag this Judgment!Court : Chennai
Decided on : Jul-08-1949
Reported in : AIR1950Mad158
..... such letting is relevant and admissible evidence of its character as private land and other evidence to prove its character as private land is also admissible. see section 185 of act of 1908. there has been a difference of opinion in this court as to whether leases subsequent to 1898 are admissible to prove letting as private land ..... has cultivated himself and intends to retain as resumable for cultivation by himself even when from time to time he demises it for a season. under section 3 (10) (a), madras estates land act 'private land' means lands styled as sir, kambattam, or pannai and also includes, by an extended application, land that had been cultivated by the ..... should be proved to have been cultivated by the land owner himself or his hired labourer within recent times. it is re-cognised by sections 19 and 185, madras estates land act that private lands could be leased without impairing their character as private lands. the relations between the lessor and lessee of private lands are .....
Tag this Judgment!Court : Chennai
Decided on : Jul-12-1949
Reported in : AIR1950Mad25
..... dismissed on 16th august 1944 and respondent l was directed to obtain relief from the rent controller. on 9th december 1946, after the madras buildings (lease and rent control) act of 1946 came into force, an application was filed by respondent l against the three erstwhile partners for eviction. the main grounds on which eviction was sought were, (i) ..... proved that the petitioner before us was carrying on a new business with other partners and even so, such business commenced long before 1st october 1946 when the present act came into force. on appeal, the third judge of the court of small causes reversed the decision of the rent controller and directed eviction of all the three ..... firm, one of the partners was allowed to wind up the affairs of the partnership and thereafter was allowed to use the premises for his sole business. this act on the part of the two partners other than the petitioner cannot amount to a transfer or sub-letting of the premises to the petitioner. it is true that .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad27
..... or comments on published news or any matter described in sub-section (1) of section 4 of the act without obtaining the necessary permission of the magistrate under section 16. sub-section (1) (d) of section 4 does not mention anything about the intention or motive in publishing such words etc., but ..... evidence on record may be inadequate to convict the appellant. but the matter before me now is different. in my opinion, in prosecutions under section 18, press (emergency powers) act, the prosecution need only prove that a document other than a newspaper has been intentionally made and published and that it contains either published news ..... the document in question was not a newspaper and did not contain public news or comments on public news but contained matters covered by section 4 (1) (d), press (emergency powers) act, that is, matters which tend directly or indirectly to bring into hatred or contempt his majesty or the government established by jaw in .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : AIR1950Mad95
..... poromboke on the one hand and communal poromboke such as burning grounds, threshing floors and the like on the other, or with the tenor of section 3, sub-section (16), madras estates land act which from the definition of 'ryoti land' separately excludes beds and bunds of tanks and of supply, drainage surplus or irrigation channels, in clause ..... the first contention of the learned government pleader must accordingly be repelled. 5. the learned government pleader's second contention that the suit is barred by section 189, madras estates land act might, at first sight, seem sound; but must, in my opinion, go the same way as the first. the principles in the light of which ..... made to him by defendant 1 after its conversion into ryotwari land as the result of an order of the district collector of tanjore under section 20a, madras estates land act dated 31st july 1944 which held that the street was one which had existed from before the permanent settlement, that the reversionary right to it .....
Tag this Judgment!Court : Chennai
Decided on : Jul-13-1949
Reported in : (1949)2MLJ454
..... the language of lord thankerton in the privy council decision just referred to and the plaintiff would not stand confronted with any effective bar in his way under section 189 of the act.6. the third and last contention on behalf of the government has in my judgment even less of merits than the other two. in the first place ..... channel poramboke on the one hand and commual poramboke such as burning grounds, threshing floors and the like on the other, or with the tenor of section 3, sub-section (16) of the madras estates land act which from the definition of 'ryoti land ' separately excludes beds and bunds of tanks and of supply, drainage surplus or irrigation channels in clause (a ..... high court in c.r. p. no. 1506 of 1942 which related to another plot in the suit village and in respect of which an order under section 20-a of the act similar to the one in the present case was passed by the district collector and upheld in appeal by the district judge. the learned district munsiff dismissed .....
Tag this Judgment!Court : Chennai
Decided on : Jul-22-1949
Reported in : AIR1950Mad140
..... as claimed in the plaint but that defendant 6 was only living with his daughter to manage her estate and he had no intention, nor did he, by any overt act, agree to renounce his share. the learned subordinate judge also considered the same evidence in sufficient particularity of detail. in para. 13 of his judgment, he considers the evidentiary value .....
Tag this Judgment!Court : Chennai
Decided on : Jul-27-1949
Reported in : (1949)2MLJ751
..... the preservation of the business as an asset of the family, pending a final partition, he can claim reimbursement from the other members of the family under section 70 of the contract act or claim credit for such expenditure at the time of taking accounts with a view to effect a final partition. it is one thing for a tenant- ..... the plaintiff in order to secure a debt incurred in the course of the business. he relied on the analogy furnished by sections 45 and 47 of the indian partnership act which substantially reproduced the corresponding provisions of the english act and on the decision in in re clough : bradford commercial banking co. v. cure (1885) 31 ch. d. 324 ..... find it difficult to grasp with precision what, according to him, are the metes and bounds of the field within which an ex-manager of a family business can act so as to bind the interests of the other members.12. reliance has been placed on two recent decisions of this court reported in ramaswami chettiar v. srinivasa iyer .....
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