Court : Chennai
Decided on : Nov-08-1960
Reported in : AIR1961Mad423; (1961)1MLJ188
..... that it is a mere quibble to say that all the requirements of res judicata are not fulfilled".with respect, we disagree with this observation. the learned judge has not considered the question as to how far the revenue divisional officer was competent to grant relief to the landlord in the matter of recovery of arrears ..... a few decisions ot this court which dealt with the question of res judicata of a decision of the revenue court functioning under the madras estates land act-under that act the revenue court is entrusted with exclusive jurisdiction in respect of applications and suits, to grant reliefs and to work out the statutory rights of the ..... petition raises a question of law of general importance. the question is whether a finding of the revenue divisional officer functioning under the madras cultivating tenants protection act, madras act xxv of 1955, that the cultivating tenant is not in arrears of rent in an application filed by the landlord for evicting him can bar a civil .....
Tag this Judgment!Court : Chennai
Decided on : Nov-16-1960
Reported in : AIR1961Mad390; (1961)1MLJ226
..... both the corporation as well as the defendant, in so tar as the decree of the trial court was against the one or the other, the learned additional judge of the city civil court agreed with the findings of the trial court and dismissed both the appeals. the aggrieved corporation has come up to this court in second ..... 19 of the limitation act will stand expressly excluded. it will follow, therefore, that ex. a. 48 cannot help the plaintiff corporation as an acknowledgment of the defendant's liability. the suit which was ..... right to sue accrues.the period of limitation prescribed by section 390-a is, therefore, different from the period prescribed by article 120. section 29(2) of the limitation act will, in the circumstances, be attracted. the result will be that by operation of clause (b) of sub-section (2) of section 29, the application of section .....
Tag this Judgment!Court : Chennai
Decided on : Nov-30-1960
Reported in : AIR1961Mad486; [1961(3)FLR35]; (1961)ILLJ615Mad; (1961)2MLJ273
..... in i. m. lall's case, 75 ind app 225 : (air 1948 pc 121), without a consideration of the provisions of the civil procedure code relevant to the inquiry and without a consideration of the reasoning of the federal court in tarachand pandit's case, air 1947 fc 23, cannot be treated, particularly because the matter ..... illegal order of dismissal contravening the provisions of the constitution. we are therefore of opinion that the suit claim is well founded and that the learned subordinate judge was right in granting a decree in favour of the plaintiff as prayed for.29. learned counsel for the appellant contended that the order of reinstatement ..... to contractual rights; rodwell v. thomas, 1944 kb596. no remedy exists where an officer appointed under statutory, authority loses his office through its premature termination by act of parliament without compensation, since the agreement has become impossible of performance; reilly v. r, 1934 ac 176. members of the armed forces cannot sue for arrears .....
Tag this Judgment!Court : Chennai
Decided on : Dec-23-1960
Reported in : AIR1962Mad21
..... select committee's report specifically stated that a usufructuary mortgage under s. 9-a had not the same meaning that it had under the transfer of property act.(12) the learned judges then relied on the marginal note to the section as indicating its scope. the marginal note is found in the present section is a reproduction of the ..... a mortgage's right'; in considering the applicability of sub-sec (10) (ii) (b) the learned judge held that the term "transfer" occurring in that sub-section should be the result of an act of the parties. in arriving at the conclusion the learned judge relied on the use of the word "transfer" in sub-sec (10) (ii) (a). reference ..... the parties where the term "inter vivos" was employed. with great respect to the learned judge we cannot agree with this method of interpretation. the transfer of property act relates only to transfers by act of parties and not to those by operation of law; the definition of the term 'transfer' contained in s. 5 thereto which is statedly .....
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