Court : Orissa
Decided on : Dec-16-1949
Reported in : AIR1950Ori213
..... reference to the document itself. that quantum is necessarily defined and limited by the terms of the document and does not offend against sections 17 and 49, registration act or section 91, evidence act. the attempt to use the document to prove the quantum of the interest and the character of possession thereunder is not the use ..... the terms of the mortgage were and they cannot be proved by any other evidence than the document itself. this is the effect of sections 17 and 49, registration act, read with section 91, evidence act.'the other two learned judges, however, namely, venkatasubba rao and ramesam jj. came to a differs it conclusion. it was pointed ..... and prescription is as much a root of title to interest in immovable property as a contractual document satisfying the requirements of the transfer of property act. this section 23, limitation act, is operative not only to extinguish the title of the rightful owner, but to transfer the title to the wrongful possessor is now well-settled .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad651
..... holding. it is now conceded that the lands are situate in an estate under the amended definition introduced in 1936. the rights of parties are governed by section 12, estates land act. section 12 clause (1) as it now stands is as follows :'subject to any rights which by custom or by contract in writing executed by the ryot before ..... they used the appropriate language--see for instance, expln. 2 added to section 6, expln. 5 to section 6 (a); section 23 expressly refers to the commencement of the madras estates land third amendment act, 1936, as contrasted with this act amending the madras act i [1] of 1908; so also section 28 proviso. i am not able to agree therefore with the contention ..... . prima facie that must be the meaning of these expressions. there is nothing in the section to indicate that the passing of this act, which means the madras estates land act i [1] of 1908 could be read as the passing of the amending act of 1936 or that the word now must be read as the commencement of such .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad643
..... : air1944mad406 or, which the subordinate judge relies the plaintiff valued the suit at rs. 100, a course which was open to him under section 7(iv)(d), court-fees act read with section 8, suits valuation act at the time of filing the suit. but when it came up in second appeal at the time of filing it, this notification was ..... that the valuation in this case is not bona fide and absolutely arbitrary, so long as it does not offend the provisions of the notification issued under section 9, suits valuation act, i think the court cannot interfere with the discretion of the plaintiff.4. the learned district judge has also held that this is a case which will ..... of some structures made by the petitioner in a lane claimed to be common between the plaintiff and the defendants. the plaintiff valued the relief under section 7(iv)(d), court-fees act at rs. 3100 the defendant has taken objection to this valuation and contends that this has been deliberately overvalued for the purpose of filing this suit .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-16-1949
Reported in : AIR1950Cal263,54CWN389
..... note that in both these cases this court interfered in revision with orders passed by the rent controller under the earlier rent act not under section 116 of the code but under section 107, government of india act (since repealed). section 107 empowered the high court to exercise powers of superintendence over all courts subject to its appellate jurisdiction. as bankin j., ..... passed by a judicial tribunal of civil jurisdiction.4. in order to deal with this matter, it is necessary to refer to certain provisions of the act.5. section 32 (1) of the act impliedly provides for an appeal from an order of the rent controller, and requires it to be presented either to the chief judge or to the ..... to revise an order passed by the rent controller or the chief judge, the district judge or the appointed judge except in the specific cases mentioned in section 32 (6) of the act has been taken away by necessary implication. it is not disputed that the orders now in question do not come within the purview of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-1949
Reported in : AIR1950Mad820; (1950)IIMLJ163
..... . j. q. b. 216, the learned judges had to construe the words 'if such debt be payable by virtue of some written instrument at a certain time.' under section 28 of 3 and 4 wm. 4, chap-42, a creditor would be entitled to interest only if the written instrument fixed a certain time for payment. mellor j. ..... the second relief was construed to be one for the specific performance of the agreement to discharge the earlier mortgages. so construing, the learned judges applied article 113. limitation act. at page 411 the learned judges held that the date fixed under article 113 must be the date clearly mentioned in the contract, whether the said contract be oral ..... the suit to enforce the agreement ex. p-5 is barred by limitation. the learned counsel for the appellant as well as the respondents agreed that article 113, limitation act, applied. but counsel for the appellant argued that limitation would start only from the date when he had notice that the performance was refused, i. e. the compromise .....
Tag this Judgment!Court : Orissa
Decided on : Dec-17-1949
Reported in : AIR1950Ori217
..... plaintiff 2 (and defendants 5 to 7), who were minors at the time of the execution of the sale deed. it may plausibly be contended that since section 53a, t. p. act, is a statutory recognition of the principle of estoppel embodied in the doctrine of part performance, the same would not avail as against minors since there can be ..... another difficulty for the contesting defendants, namely, that no title as such has passed to them under the sale deed. they are, however, entitled to rely on section 63a, t. p. act, inasmuch as it has been definitely found by both the courts below and virtually admitted by defendant 4 who is an executant of the sale-deed that the vendees ..... the occupancy tenants. the sale purported to be by means of a document, ex. c which has not been registered. it is pointed out that under section 46 (3), central provinces tenancy act, such a transfer is not valid except as covered by the proviso thereto and that the registration of a transfer not covered by the proviso to sub .....
Tag this Judgment!Court : Privy Council
Decided on : Dec-19-1949
Reported in : AIR1950PC90
..... purchase price from 9th september 1942 (the due date for completion) until it was paid? it would appear from the supplementary judgment delivered by the learned acting chief justice on 19th september 1947, that he associated this question with that discussed at (5) above and regarded the circumstance that the contract did not ..... raised by this question have narrowed considerably during the course of proceedings. specific performance was sought against the additional appellants under s. 27 (b), specific relief act, 1877. as it was admitted that they took their transfers of the shares in question with notice of the contract sued upon, the applicability of this ..... 3rd september 1939, acquire any securities from a person not resident in india or burma. * * * * * * * rule (2). any person........who does any act preparatory to a contravention of any of the provisions of these rules........shall be deemed to have contravened that provision." for the defendants, it was contended that to agree to .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-1949
Reported in : AIR1950All396
..... should not be passed unless it is shown that the case is covered by any one or more of the grounds mentioned in section 3 of the act.11. learned counsel for the respondent further contended, that section 15 is not applicable to this case, because the premises from which the defendant is sought to be evicted do not come within ..... federal court are binding upon us, and, according to them, it is our duty to take into account section 16 of the act in considering, whether the plaintiff is entitled to eject the defendant from the premises.9. section 15 of the act reads as follows :'in all suits for eviction of a tenant from any accommodation pending on the date of ..... a suit only and does not apply to an appeal. in our opinion there is no force in this contention, for the act does not anywhere provide specifically for appeals and we consider that the 'suit' mentioned in section 15, includes a suit while it is before the court of first instance and also while it is before the appellate court .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-19-1949
Reported in : AIR1953All274
..... was in the occupation of his predecessor-in-office, the owner of the house raised certain objections the district magistrate thereupon requisitioned the house under section 3, u. p. temporary accommodation requisition act, 25 of 1947.2. in the year 1947, there being an acute shortage of houses which was, to a larger extent, due to ..... force in the objection raised before the learned civil judge.9. i would dismiss the application.bind basni prasad, j.10. section 3 of the united provinces (temporary) accommodation requisition act, 1947 (u. p. act no. 25 of 1947) runs as follows :'if in the opinion of the district magistrate it is necessary to requisition any ..... writing. if after such order and within the period specified in the act, possession was not given, the district magistrate was authorised under section 11, to apply to the civil court of competent jurisdiction for execution of the order passed by him under section 3. the applicant not having given possession of the premises, the district .....
Tag this Judgment!Court : Orissa
Decided on : Dec-20-1949
Reported in : AIR1951Ori147
..... behalf of the appellant, is that the documents (exs. 1 and 2) are usufructuary mortgage bonds and are statutorily discharged under schedule 7, orissa moneylenders act. this section provides:'notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, an usufructuary mortgage executed before ..... or after the commencement of this act shall, unless discharged previously, be deemed to stand discharged after the expiration of 15 years from the date ..... 'usufructuary mortgage' used in schedule 7 is to be understood in the light of the definition of that expression occurring in schedule 8 (d), t.p. act. there can be no doubt that the deeds in question contain something more than what is required to create a usufructuary mortgage. mr. rao, however, contends .....
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