Court : Chennai
Reported in : 14Ind.Cas.184
..... rather, therefore, than impute to the legislature an intention to bar all suits for arrears of rent based on registered muchilikas, where the cause of action was three years old or more on 1st july 1908, i prefer to adopt the principle explained in the bombay case, to which i have already referred, and to hold that section 210 of the estates land act was not intended to be treated as having restrospective effect.8. ..... this, to my mind, would seem to indicate either that the legislature in enacting section 210 was proceeding on the basis that it was making no change in the law so far as the three years' rule was concerned or, supposing article 116 of the limitation act was also applicable to a certain class of suits for rent, the legislature by removing suits for rent from the jurisdiction of civil courts, must be taken to have intended that the special period prescribed under the article should no longer be applicable.12. ..... the question for decision in the second appeal is, whether the suit instituted by the plaintiff-appellant to recover arrears of rent, which fell due between 15th december 1904 and 15th may 1905, is barred. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad381; (1929)56MLJ369
..... we appreciate the desire of the bombay court to uphold a decision which had stood for over half a century without being explicitly reversed. ..... sitaram : air1928bom371 decided by a bench of the bombay high court (fawcett and mirza, jj. ..... we feel that in this matter we must reluctantly dissent from the view of the high court of bombay, and agree with the conclusion arrived at by the full bench in calcutta.kumaraswami sastri, j.6. ..... 79 (quebec) the right of appeal was transferred from the abolished court to the appellate side of the court of king's bench in quebec, but no provision was made for the transference of appeals which would have lain to the abolished court to the newly constituted appellate court. ..... in these circumstances their lordships of the privy council held that an appeal from the circuit court to the court of king's bench did not lie; but in no way did their lordships' opinion conflict with their earlier decision in the colonial sugar refining company v. ..... we must therefore hold, however reluctantly, that the institution of the suit carries with it the implication that all appeals then in force are preserved to it through the rest of its career unless the legislature has either abolished the court to which an appeal then lay or has expressly or by necessary intendment given the act a retrospective effect. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. ..... irving (1905) a.c. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad407
..... , that it had been mortgaged by him to sundara and virappa, and by them to the first appellant, that sundara obtained a decree against vagutha sellan who, for the purpose of satisfying it, sold the land to his own brother, virappa, that this purchaser redeemed sundara's lien by payment to virammal and the second appellant who satisfied the claim of the first appellant, that the purchaser, virappa, resold the land to the third appellant, and that under a mortgage executed by this appellant, one ..... in order that he might become a dasa; (6) one pledged; (7) one who became a slave by being relieved from debt; (8) one taken captive in war; (9) one won as a stake; (10) one who becomes a slave of his own choice with the declaration, 'i am thine;' (11) one who is an apostate from the order of sanniyasi; (12) one who becomes a slave for a stipulated time; (13) one who becomes a slave by becoming a bakta; (14) a slave for ..... we should entertain no doubt on the subject upon the authority of decisions in this presidency, in bombay rind in allahabad, pandaiya telaver v. ..... 18 in which the judicial committee also expressed a similar opinion, but for the dictum of the high court at calcatta in narain dhara v. ..... it was there observed that the sanskrit word for a concubine was avarudda, and that dasi referred only to a woman who was a slave, as defined by the ancient hindu law, which was repealed by act v of 1843.5. .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad540
..... just so here, in a series of acts--act xiv of 1859, act ix of 1871 and act xv of 1877--the legislature had been careful to preserve to decree-holders in the high court their right to sue out execution at any time within twelve years from the date of their decree or its revivor, and we can see nothing in section 230 of the code of 1877, which was passed almost simultaneously with the last of the limitation acts, nor in the corresponding section as afterwards amended and re-enacted, to indicate that the legislature intended to 'derogate from ..... its own act ,' or to render ..... but apart from this, it has been held by the high court of bombay, and we think rightly, that this section 230 cannot operate to cut down the limitation period allowed by article 180 of the limitation schedule--mayabhai prembhai v. .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad125
1. it is argued that upon the true construction of exhibit c, the last clause which relates to forfeiture does not apply to the failure to pay rent, but to failure to comply with the other terms of the lease. we have no doubt that the last clause does refer, inter alia, to the covenant for payment of rent on the due date. the words 'further' and 'as per terms of the abovementioned lease' leave no room for doubt on this point.2. we agree, however, with the appellant's pleader that the clause is a penal one which should be relieved against there is a series of cases in this and in the bombay high court in which the right of relief against forfeiture in oases like the present has been recognised and acted on. the transfer of property act does not apply to agricultural leases and the landlord had, prior to the institution of this suit, obtained a decree for the payment of rent for fasli 1294.3. as to the right of re-entry we are of opinion that the decisions of the courts below are right. what was transferred was not the right of re-entry by itself, but the reversion as based on the clause for forfeiture. though the lease has expired since the suit was instituted, in dealing with this second appeal, we must be guided by the status of the parties at the date of the institution of the suit. the result will be that we set aside the decree of the courts below and dismiss the plaintiff's suit with costs of defendants nos. 3 to 11 throughout.
Tag this Judgment!Court : Chennai
Reported in : (1892)2MLJ23
..... these no doubt support the contention of the appellant, though the bombay court recognized the difficulty of holding that a confirmation and incorporation of a decree should be attended with a change of time though nothing is said to that effect ..... inasmuch as the decree of the appellate court becomes the final decree in the suit we think that section 92 of the transfer of property act imposes upon that court the duty (if the decree of the first court has not been executed) of prescribing a date within six months of the date of that decree within which plaintiff must pay the redemption money to the defendant or into court.13. ..... in this respect the decree of the appellate court is defective, and we think the proper course would have been to give the plaintiff time before passing orders on the execution petition to apply to the district court to amend the decree in accordance with the statutory directions contained in section 92 of act iv of 1882 ..... coming to the conclusion referred to above the different high courts have not noticed the proviso to section 93 of the transfer of property act by which it is provided that upon good cause shown and upon such terms as it thinks fit, a court may from time to time postpone the day fixed under section 92 for payment to the defendant. ..... this view we set aside the orders that have been passed and remand the application for execution to the court of first instance in order that the district munsif may act in accordance with these directions.14 .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad170
..... 172 these no doubt support the contention of the appellant, though the bombay court recognized the difficulty of holding that a confirmation and incorporation of a decree should be attended with a change of time, though nothing is said to that ..... inasmuch as the decree of the appellate court becomes the final decree in the suit, we think that section 92 of the transfer of property act imposes upon that court the duty (if the decree of the first court has not been executed) of prescribing a date, within six months of the date of that decree, within which plaintiff must pay the redemption money to the defendant or into court.12. ..... this respect the decree of the appellate court is defective, and we think the proper course would have been to give the plaintiff time before passing orders on the execution petition to apply to the district court to amend the decree in accordance with the statutory directions contained in section 92 of act iv of 1882 ..... coming to the conclusion referred to above, the different high courts have not noticed the proviso to section 93 of the transfer of property act, by which it is provided that upon good cause shown, and upon such twins as it thinks fit, a court may, from time to time, postpone the day fixed under section 92 for payment to the defendant. ..... this view, we set aside the orders that have been passed and remand the application for execution to the court of first instance, in order that the district munsif may act in accordance with these directions.13 .....
Tag this Judgment!Court : Chennai
Reported in : (1892)2MLJ95
..... the english and irish courts, as admitted by the learned judges of the bombay high court in the above case, the current of decisions had been the other way, though with an occasional expression of dissent from the principle by some of the ..... may be noted that this was the view of the law taken by the madras high court before the passing of the transfer of property act in the case reported in 4 m. h. ..... the law under which this question has to be decided is unquestionably section 78 of the transfer of property act, for the inducing the plaintiff company to advance money on the security of the property in question took place after the act came ..... appellant's counsel relies on section 101 of the transfer of property act as keeping the mortgage of 1879 alive for the benefit of 2nd defendant, that section enacts that 'where the owner of a charge or other incumbrance on immovable property is or becomes absolutely entitled to that property, the charge or incumbrance shall be extinguished, unless he declares, by express words or necessary implication that it shall continue to subsist, or such continuance would be for ..... therefore hold that under section 78 of the transfer of 'property act, apart from the question of fraud, 2nd defendant, having been guilty of gross neglect, in allowing the title-deeds to be out of his possession and thereby allowing the plaintiff company to be induced to advance money on the security of the mortgaged property, should be postponed to the plaintiffs mortgage.3. .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad268
..... in the english and irish courts, as admitted by the learned judges of the bombay high court in the above case, the current of decisions has been the other way, though with an occasional expression of dissent from the principle by some of the judges. ..... it may be noted that such was the view of the law taken by the madras high court before the passing of the transfer of property act in somasundra tambiran v. ..... the law under which this question has to be decided is unquestionably section 78 of the transfer of property act, for the inducing the plaintiff company to advance money on the security of the property in question took place after the act came into force. ..... upon this question we are referred by the learned counsel for the appellant to the last clause of the definition of notice in the transfer of property act, section 3--'a person is said to have notice of a fact when he actually knows that fact or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it, etc. ..... we should therefore hold that, under section 78 of the transfer of property act, apart from the question of fraud, the second defendant having been guilty of gross neglect in allowing the title-deeds to be out of his possession and thereby allowing the plaintiff company to be induced to advance money on the security of the mortgaged property should be postponed to the plaintiff's mortgage.3. .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad111
..... 224 the bombay high court construed the same term 'court of competent jurisdiction' in explanation vi, section 13 of the present code as including a foreign competent court. dr. ..... 9 indap 197 that the words 'court of competent jurisdiction' in section 13 of act x of 1877 meant a court which had jurisdiction over the matter in the subsequent suit in which the decision is used as conclusive. ..... the disturbances and obstructions alleged by the plaintiff were caused by the ill-feeling, which arose between the plaintiff and the inhabitants of the village in consequence of the plaintiff's attempting to raise the rents, his refusing to give lands to cultivate to such of them as declined to accept his terms, his bringing in tenants from other villages, and his having offended them by other imprudent acts. ..... by such covenant for quiet enjoyment, however, 'the lessee is to enjoy his lease against the lawful entry, eviction or interruption of any man, but not against the tortious entries, evictions or interruptions and the reason for the law is solid and clear, because against the tortious acts the lessee has his proper remedy against the wrong-doers. ..... brown next argued that the acts on the part of the people in the village, relied on by the plaintiff, did not in law amount to an eviction. ..... he says he was entitled to act upon the forfeiture clause as the plaintiff and the second defendant had neglected to pay the rent and the tax due for fasli 1296. .....
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