Court : Chennai
Reported in : AIR1923Mad28; (1922)43MLJ64
..... even assuming that there is no covenant for quiet enjoyment under the document, there is clearly a covenant for title and a breach of that covenant will, under article 116 give the plaintiff six years to sue from the date when the covenant is broken. ..... in the view we take it is unnecessary to consider whether if the suit is to be treated as, one to recover money on account of failure of consideration limitation would run from the date of the decree declaring that one of the plaintiff's vendors had no title or from the date of dispossession, a question on which there is a conflict of authority.4. ..... the question is whether this is to be treated as a claim to recover money on account of failure of consideration owing to the vendor having had no title to convey one-half of the property or whether it is to be treated as a suit for damages for breach of covenant for title or for breach of covenant for quiet enjoyment. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad894; (1939)2MLJ400
..... decision which throws any real doubt on the general proposition that when a person seeks to establish title which cannot be established without removing a decree or an instrument to which he is himself a party, then whatever be the garb in which' he dresses his suit, its substantial character must be a suit for the cancellation of the decree or instrument; but if the establishment of his title is being impeded by the effect of a transaction1 between other parties, he cannot legitimately ask for the ..... his proper remedy therefore, in order to clear the way with a view to establish his title is to get a declaration that the decree or deed is invalid so far as he himself is concerned and he must therefore sue for such a declaration and not for the cancellation of the decree or deed. ..... when the plaintiff seeks to establish a title in himself and cannot establish that title without removing an insuperable obstruction such as a decree to which he has, been a party or a deed to which he has been a party, then quite clearly he must get that decree or deed cancelled or declared void in toto and his suit is in ..... but when he is seeking to establish a title and finds himself threatened by a decree or a transaction between third parties, he is not in a position to get that decree or that deed cancelled in toto. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1918Mad19; 45Ind.Cas.867; (1918)34MLJ528
..... this case, it is clear on the proved documents and the facts found by the lower appellate court that the 3rd defendant when he purchased in 1897 had the animus to claim title as the sole owner of the equity of redemption and not merely to claim title to the first defendant's father's 1/4share, and that he took possession in april 1898 with the animus to hold the whole half share against all the world and not as a ..... advantage of the texts relating to the father's power of alienation for antecedent debts to mitigate the inconvenience of that doctrine and the legislature has provided by a special article 126 for the perfection of the title of an alienee from the father when a hindu son who wants to take advantage of the antiquated mitakshara law seeks to set aside such an alienation. ..... that possession of immoveable property is notice to the whole world of the title under which possession is held, and that possession is prima fade adverse and exclusive are well known principles ..... redeemed it in 1882 and obtained possession and he and his heirs asserted adverse and exclusive title to the whole and continued in possession till 1898. ..... thus the 3rd defendant, so far as title is concerned, has the same only to the extent of 3/4th share, as there was a ..... mortgagee, that he was a mere charge-holder, that a charge-holder can assert and claim adverse possession and that after 12 years the charge could not be redeemed by the other co-sharer as the title by adverse possession became perfected. .....
Tag this Judgment!Court : Chennai
Reported in : (1931)60MLJ309
..... e itself is the most important piece of evidence of its acceptance by jagannadharn pillai, and this document was followed by what purported to be a mortgage by deposit of title-deeds; and the agreement to enter into this mortgage comprises another admission, and further such admissions are to be found in the stock books of the partnership. ..... 321 as follows:although it is a well-established rule of equity that a deposit of a document of title without more, without writing or without a word of mouth, will create in equity a charge upon the property referred to, i apprehend that that general rule will not apply when you have a deposit accompanied by an actual written ..... iv, and on the 27th the title-deeds were sent with a letter which begins as follows:i have the honour of herewith sending you with the intention of delivering and depositing the same with you as per the memorandum, dated the 26th may, 1923, executed by me in your favour the title-deeds and papers relating to the property....and then follows a reference to the schedules annexed to the letter. ..... a mere note saying 'herewith the title-deeds' would not constitute an instrument of charge. ..... this was followed on the following day (26th may) by an agreement to deposit title-deeds, ex. ..... 592 of 1924, which was a suit brought by somasundaram chetti's legal representatives against jagannadham pillai upon a mortgage by deposit of title-deeds. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad212; (1954)IMLJ279
..... there we held that the mere fact that a particular area was included in a town planning scheme would not justify holding the owner of a property within the municipality as incompetent to sell the same or that his title to deal with it was affected, and, as such, the publication or notification of the scheme with reference to these properties would not have the effect of interfering with title to the properties covered by the scheme. ..... but could it be said that the relief asked for concerns title to immovable properties?in -- 'turlapati venkateswara rao v. ..... (b), who observed that it seemed to him that the 'prima facie' interpretation of that expression, namely,'the relief sought is with reference to any immovable property was that the dispute should in some sense relate to the title to the immovable property'. 5. ..... no title to or right to possession of the immovable property is in question in the sense that such a right or title has been denied by the defendants and that the declaration and injunction had become necessitated thereby. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)ILR24Mad246
..... 111 of the transfer of property act provides that a lease of immoveable property determines by forfeiture in case the lessee renounces his character as such by claming title himself and the lessor does some act showing his intention to determine the lease. ..... points were raised on behalf of the appellants--(1) that the learned judge misconstrued the two exhibits r and s in holding that their effect was to confer an occupancy right in perpetuity on the defendants' predecessor in title; (2) that the learned judge erred in law in holding that a suit in ejectment was barred by limitation.2. ..... was of opinion that the effect of exhibit s was to grant the kudivaram right in perpetuity to the defendants' predecessor in title (one perumal) with a reservation of the right to lease the melvaram to some one else. ..... even if, after the tenant's repudiation of the landlord's title had come to the knowledge of the latter, the tenants are to be regarded as in the same position as tenants for a term of years who are holding over after the expiration of the term, time does not ..... to the question of limitation, the learned judge held that inasmuch as in 1871 the defendants to the knowledge of the plaintiffs set up a right of permanent occupancy in the lands in question, thereby repudiating their landlords' title, any suit in ejectment was barred by limitation. ..... a tenant-repudiating the title under which he entered becomes liable to immediate eviction at the option of the landlord--see the case of vishnu .....
Tag this Judgment!Court : Chennai
Reported in : AIR1975Mad8
..... ? if before the date of the deed or the decree she had no interest in the property and her only source of title is the deed or the decree, which confers upon her a restricted estate, sub-section (2) of section 14 of the act will apply, and such a restricted estate will not be enlarged into an absolute estate under sub-section (1) of ..... .'it is, therefore, clear on the plaintiff's own showing that before the compromise was entered into gomathiammal claimed rights to the suit property and other properties of her husband and traced her title to the partition deed under the will of her husband ..... . if, on the other hand, the course of her title is independent of the instrument or decree and she held a restricted estate even prior to the date of the instrument or the decree, and all that the instrument or decree does is merely to recognise the preexisting restricted estate of ..... 60/1 and that in any case they have prescribed title to the property by adverse possession,3. ..... . a.1, gomathiammal had a pre-existing title to the suit property ..... . it is unnecessary for us to consider whether she could have acquired absolute title to s. no. 30/3 ..... . 116 of shahul, hameed and others (plaintiff's predecessors-in-title) .....
Tag this Judgment!Court : Chennai
Reported in : AIR1987Mad239; (1987)IMLJ248
..... on this conclusion, the court below pronounced against the validity of the settlement deed as well as the title to the properties dealt with thereunder in favour of the several settlees and granted a preliminary decree in favour of the plaintiff in the suit. ..... of the indian registration act, the registering officer did not have the indispensable foundation of authority to register the document and therefore, the registration was invalid and the document did not operate to convey title with reference to the immovable properties dealt with thereunder in favour of the settlees.3. ..... b-3 for its registration on 16-3-1948 after the death of the principal on 6-3-1948, is valid and whether its registration would operate to convey title to, the properties in favour of the settlees under that document.4. ..... b3 was invalid and it did not operate to convey title in favour of the settlees with' reference to the properties mentioned thereunder, and therefore, the plaintiff, be entitled to a share in those items as when cannot be taken exception to. ..... lastly, the learned counsel for the appellants contended that the appellants have prescribed title by adverse possession to the items dealt with under ex. b-3. ..... laid down that the presentation of the document for registration was made by a person, who could not do so under law and the registration of the document upon, such presentation is invalid and does not pass title.5. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad775; (1938)2MLJ377
..... but whether the official assignee proceeds under section 7 or by suit, he can only recover by the strength of the insolvent's title to the property which he is asserting, and which he must establish. ..... there is nothing in the amended section 7 of the act to prevent the insolvency court from deciding a disputed question of title between the official assignee and some other person. ..... prima facie it belonged to the man in whose name the title deeds stood and who had taken a transfer of property in january, 1912, i.e. ..... this involved enquiry into the title to the property, which is a different thing from discovery whether mrs. ..... clearly sub-section (5) at that date did not enable the court to pass any such drastic order under this very summary procedure in cases where the title to property was in issue. ..... aiyangar contends that the section has in contemplation only cases where it is contended that the property belongs to the insolvent and its possession is alleged to be with the person examined and not cases where the title to property is in issue. ..... it is a question of title which falls outside the scope of these subsections. .....
Tag this Judgment!Court : Chennai
Reported in : (1994)120CTR(Mad)196; [1994]206ITR634(Mad); (1993)IIMLJ258
..... time being in force, where any document required to be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the indian registration act, 1908 (16 of 1908), purports to transfer, assign, limit, or extinguish the right, title or interest of any person to or in any property valued at more than fifty thousand rupees, no registering officer appointed under that act shall register any such document, unless the income-tax officer certifies that - (a) such ..... of law which emerges from the decisions referred to above is this : according to section 230a(1) of the act, an income-tax clearance certificate is necessary only when the value of the right, title or interest of the transferor sought to be transferred under the document exceeds the limit prescribed under the said section. ..... 2 and 3 have failed to see that it is only the value of the first respondent's right, title or interest in the property actually transferred under the settlement deeds that determined the applicability of section 230a and that merely because the properties transferred from part of a larger extent the entirely of it cannot ..... 5 submitted that, under section 230a of the act, where a document is required to be registered under the indian registration act, 1908, purporting to transfer, assign, limit or extinguish the right, title or interest of any person to or in any property valued at more than rs. ..... 000 is with reference to the right, title or interest of any person in the .....
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