Court : Chennai
Decided on : Mar-27-1974
Reported in : AIR1975Mad131; (1975)1MLJ39
..... coimbatore, is the appellant in these two letters patent appeals. the interesting question that arises in these appeals is whether to a case of succession to the estate of a hindu male, who held the property as the last male-holder, the hindu law of inheritance (amendment) act, 1929. act 2 of 1929, is applicable or not.2. ..... in the manner the learned judge understood it. in that case, the supreme court was considering the question as to whether the hindu law of inheritance (amendment) act, act ii of 1929 was applicable to devolution of property belonging to a hindu female. the supreme court observed:--"whether this distinction between male and female propositus is ..... respectful agreement with my learned brother, i wish to make the following observations: the hindu law of inheritance (amendment) act, 1929 (act ii of 1929) by sub-section (2) of section 1 clearly defines the scope of the act by saying that it applies "in respect only of the property of males not held in coparcenary and not .....
Tag this Judgment!Court : Chennai
Decided on : Oct-31-1974
Reported in : AIR1975Mad227
..... he himself possessed, will, therefore, have no validity in the application of the inclusive definition of 'cultivating tenant'.5. for the appellant it was contended that, when by amending act ix of 1969 only a sub-tenant was bought within the vortex of the inclusive defini-tion of 'cultivating tenant', it did not do so in respect of a tenant ..... ratan-bai, , which we do not think in any way affects the view that we have taken as to the effect of the related statutory provisions in the act. the letters patent appeal fails and it is dismissed. no costs.8. maharaian, j., in his opinion, has suggested that the matter will have to go back to the revenue ..... the suit. but in second appeal ramanu-jam, j., reversed the decree relying on prabhu v. ramdeo, , and dismissed the suit. but he granted leave. in the letters patent appeal kaila-sam, j. took the view that the respondents were not entitled to the statutory protection, while maharaian, j., took the opposite view.2. the tamil nadu cultivating .....
Tag this Judgment!Court : Chennai
Decided on : Nov-11-1974
Reported in : AIR1975Mad273
..... that was valid, as the attachment which was made absolute was still effective and could not be said to have come to an end. 5. on that view, the letters patent appeal is allowed with costs throughout. 6. s. a. nos. 607 and 608 of 1965:--in view of our judgment in l. p. a. no. 39 of 1968, the second ..... view we take, it is not necessary to deal with the correctness of the decision in venkatarao v. suryarao, ilr (1950) mad 39. the suit, out of which the letters patent appeal arises, was instituted by the respondent for declaration and injunction or in the alternative for possession. there was a money decree in o. s. no. 362 of 1950, on ..... munsif said-'no steps taken. petition closed. attachment to continue for two months.' madras act v of 1954, which replaced the ordinance and which was effective from 5-2-1954, was amended by madras act i of 1955 with effect from 1-3-1955. the effect of the amendment was that the stay of operation of any proceeding continued in force until 30-6 .....
Tag this Judgment!Court : Chennai
Decided on : Aug-05-1974
Reported in : AIR1975Mad189; (1975)1MLJ119
..... think it necessary to impose any terms on the plaintiff in granting these amendments. the amendments will be allowed. sri s. sampath kumar has given expression to an anxiety that the plaintiff may not pay the required ..... damages would be the proper remedy. this contention of the defendants itself shows that it is absolutely necessary that the present amendment claiming damages in the alternative should be allowed.9. having regard to the special circumstances of this case, we do not ..... us that his client would be prepared to pay the court-fee within a week.7. the amendment petitions are based on the proviso to section 40 of the specific relief act, 1963. the section itself may be quoted here in full:'40. damages in lieu of, or ..... to give a temporary injunction would really be to enable the plaintiff to get what he wants in the suit itself.'a letters patent appeal (l. p. a. 12 of 1967) was filed and was dismissed on 5-4-1967 on the around that the .....
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