Court : Chennai
Reported in : AIR1936Mad305
..... if on the other hand the will conferred an absolute estate then v would have no title unless the deed of surrender clothed him with t's title which title she derived from seshamma and it is said his purchaser would have no title on two-grounds. ..... he bad notice of the deed of surrender but all that that informed him of was that whereas the title was once in t and v now it is in v, his vendor. ..... (1) the vendor having no title he bought nothing and (2) assuming he would otherwise be entitled to claim on the footing of a bona fide purchaser for value without knowledge of the defect in title and justified in relying on the deed of surrender as vesting in v all t's estate, he was not a bona fide purchaser for value having given nothing. ..... defendant 1, the appellant, is the purchaser from one murripudi venkatachalam (hereinafter referred to as v) whose title found on two facts, viz. ..... in truth it may be the title all along was in t. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad349
..... facts stated by the chief controlling revenue authority are that after the conveyance, it was found that the vendor had no title to the property covered by the document and, for that reason, the vendor executed another document conveying a different property. ..... where the instrument provided for liquidated damages or the mode of recovery or indicated the source from which the loss could be reimbursed, those stipulations notwithstanding the failure of the conveyance for want of title would still be valid and would be actionable apart from the basis of section 65 of the contract act. ..... are, however, of the view that while the principle of the decision of the privy council would doubtless be applicable to a case of conveyance sirnpliciter in which title in the vendor was found to be totally wanting, it cannot be extended to the case of an instrument which is a composite document creating not merely a right by way of conveyance which fails for want of title, but also stipulating for compensation or indemnity for loss resulting from that cause. ..... where an instrument is a document which is a conveyance sirnpliciter without anything more and the title to the property conveyed is found to be wanting, it will, in our opinion, fall clearly within the meaning of ..... the sale deed in question while asserting that the title was with the vendor clearly set out that if any; right in respect of the property was found to inhere in a third party, the vendor would make himself liable for the loss ensuing .....
Tag this Judgment!Court : Chennai
Reported in : AIR1926Mad1042; 97Ind.Cas.437; (1926)51MLJ258
..... in this case the appellant does not rest his title on his filling a particular legal character, say, that of a senior chela who succeeds to the office whether he is nominated or not nominated; and his claim therefore is not, in my opinion, one under article 124, for possession of a hereditary ..... these are the principal paragraphs where the plaintiff's title to the office is set out and in these he very clearly bases his title upon nomination by the previous mahant.6. ..... if the successor owes his title to nomination or appointment, ?that is, his succession depends upon the volition of the last incumbent and does not rest upon independent title, i am inclined to the view that the office cannot be said to be hereditary. ..... if, however, a particular chela's title to succeed depends on his being preferred to the rest and nominated, by a voluntary act of the incumbent, it seems to me that such a claim cannot be described as a claim to a hereditary office. ..... 'in either case (in the case of an ordinary heir or that of a stanee) it is the law of the land and not any act of the previous holder or owner that confers title on the successor. ..... this is the sole issue raised as to plaintiff's title.20. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad44
..... ) 11 bom lr 58: ilr (1909) bom 278, the facts of that case were as follow : the plaintiff the shankaracharya of the sharada math at dwarka, sued for it declaration that the defendant was not entitled to the style, title and dignities of it shankaracharya and that he was not entitled to call for or receive any offerings from the people of ahmedabad or other places in gujarat either in his assumed capacity of a shankaracharya or of a shankaracharya of the jotir math or ..... shringeri math acharya is entitled to and is in enjoyment of the above said status, style and position of sankaracharya and all rights, title, privileges and dignities appurtenant to the gaddy of shringeri math, which has, exclusive jurisdiction over the southern states including tamil nadu and ..... the petitioner has also alleged that though the title 'jagatguru' implies that he is the guru for all the hindus, the nomination of successors to the math by the second and third respondents belies the title, proving that sankaracharya is the guru for the ..... of the second respondent from 1814 and after them the second respondent herein have fraudulently assumed the title of sankaracharya of kumbakonam, which was later rechristened as kanchi kamakoti peetam in 1942. ..... not decide disputes as to precedence or privilege between purely religious functionaries nor will they grant injunctions to prevent preachers from preaching where they like under any title they please provided no office or property is disturbed or interfered with.10. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad166
..... srinivasan, appearing for the plaintiffs, urged that the third defendant danalakshmi animal did not set up title in herself, but only that of the joint family of her husband, that as samiappa was not a party to the summary orders, they would not bind him and that the summary orders could not affect ..... venkatarama iyer also wanted to argue that the defendants had acquired title to the suit properties by adverse possession, but he was unable to point out any plea in the pleadings, or any issue, to justify his raising such an argument,5. ..... b-78 and b-80 could be used against the first defendant in a regular suit for title and possession, having regard to the decisions in the prior suits, o. s. no. ..... b-78 and b-80, have become conclusive by reason of the failure on the part of the plaintiffs, and their predecessor-in-title kaveriammal, to file appropriate suits within one year.12. ..... the present suit is not for a declaration of title and possession of the suit properties, but only for damages for use and occupation for the period 3-9-1956 to 3-9-1959. ..... is to have a speedy settlement of the questions of title raised in execution sales and that what makes the order conclusive under order xxi, rule 103, is not the failure to institute a suit, but the failure to have the right established.in umanath v. ..... 179 of 1949 on 8-4-1950 on the ground that she had no title to the property. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad661; (1951)IMLJ192
..... abide by this agreement & he therefore sued(a) for a declaration that the sale by the cooperative society was opposed to law, not in accordance with the terms of the award or decree, & that it could not pass 'absolute title' & was null & void; or that in any event deft 2 could get only a right to be in possession till satisfaction of the debt covered by the mtge;(b) for a direction to deft 2 to render an account of ..... the learned dist munsif took the view that the sale certificate which had been issued in favour of deft 2 was a document of title & therefore a document securing property having money value, that the pltf could not get the reliefs he had asked for without removing the impediment created by ..... been re-stated :'a purchaser of immoveable property at an auction sale can establish his title by evidence independent of the sale certificate 'which does not create title but is merely evidence of it'.title passes when the sale is confirmed and notbecause a sale certificate is issued.5. ..... the purchaser derived some rights under the sale, taut he did not get an 'absolute title' & so the pltf requires deft 2 to give an account of the income derived from the properties & surrender possession when ..... or of a release of rights 'thereunder' which would operate as an extinguishment of the right of the person conveying or releasing'.it is thus clear that the sale certificate in favour of deft 2 is not a document of title securing property which the pltf was bound to sue to set aside.6. mr. .....
Tag this Judgment!Court : Chennai
Reported in : 4Ind.Cas.1091
..... english cases to which we have referred relates to the landlord and tenant, but in the irish case the title of the objector who was held not to be estopped was derived from a lease for lives renewable for ever ..... we cannot, therefore, accept paragraph 5 of the subordinate judge's judgment as a finding that ganappaya had title in june 1899 and we must call upon the district judge of south canara for a finding on the first issue settled by the district munsif in the light of ..... suit was dismissed on a finding that the conveyance on which he founded the title, a sale by the owner sesha navada was fraudulent and not intended to convey ..... explains the rule as follows: according to the clear principles of the law of estoppel it is necessary in order to estop the objector, to show that he denied title by act or operation of law subsequent to the recovery of the judgment. ..... had ganappayya urala any title to the land on which he ..... on the file of the court of the district munsif of kundappur, ganappayya urala having been defeated on a claim petition arising out of an attachment made by the present plaintiff sued the present plaintiff to establish title to the property attached. ..... bound, the plaintiffs title cannot be questioned in this suit, and apart from any question of dispossession the plaintiff will be entitled to succeed on his title.3. ..... decision in the second appeal is whether the 1st defendant is bound by the decision in the suit of 1900, in which it was held that ganappaya urala had no title. .....
Tag this Judgment!Court : Chennai
Reported in : 4Ind.Cas.507
..... i think that the deed operated to convey to the nephew, the title which it purported to convey and that the plaintiff cannot be heard to say that she intended that title should not pass if the nephew predeceased her. ..... here the finding is that the plaintiff intended that some title should pass though not the title which the deed purported to convey. ..... he also finds that the plaintiff intended to give a title after her death though not in her life-time, in other words, that she only intended that the deed should be operative in the event of her nephew outliving her.3. ..... if the parties intended title to pass, the fact that no consideration was paid, does not prevent title form passing chinnasawmi reddiar v. ..... chundru papayya 20 m.k 326 is an example, where the courts held that the transaction was a sham and it was not intended that any title should pass. ..... it may be that the plaintiff when she executed the deed did not contemplate the contingency of her nephew predeceasing her, but this, of course, does not prevent the title passing. .....
Tag this Judgment!Court : Chennai
Reported in : (1919)37MLJ213
..... so far as the relief for a declaration of the plaintiff's (appellant's) title is concerned his right to sue for such relief accrued once for all when his title was first definitely and finally denied to his knowledge (see thirumala rao v. ..... the notice of eviction under section 9 of act iii of 1905 also involves a denial of title but it would not give a fresh starting point of limitation for declaratory relief, and limitation runs from the date of the first denial of title itself and continues to run. ..... 197) and the actual levy of penal assessment from him is clearly such an unequivocal denial of title on the part of government. ..... the prayer for a declaration of title was a remedy incidental to the granting of the prayer for an injunction as the plaintiff's right to obtain an injunction could not be determined without first coming to a conclusion on the question of title.10. ..... i am inclined to think that the owner's title is affected by an eviction in an altogether different and greater degree than it is by a charge of prohibitory assessment, and the eviction may properly be regarded as a fresh and greater invasion of the plaintiff's right, so as to give him a fresh cause of action for a suit for a declaration of his title.8. .....
Tag this Judgment!Court : Chennai
Reported in : 1998(2)CTC206; (1998)IIIMLJ509
..... therefore, the plaintiff was constrained to file the suit for declaration of his right and title to the suit property and for a permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of ..... in the said circumstances, it was held that the intention of the parties was that title should pass to the plaintiff though it was one of the terms of the contract that the balance of consideration should be paid by the plaintiff to the vendor at the time of the ..... the plaintiff further pleaded that the second defendant had lost his title and interest in the suit property and that after alienating the property, the second defendant settled down at kil murungai village, that the first defendant is the wife of the second ..... the suit was mainly resisted on the ground that title did not pass in favour of the plaintiff as the intention was that payment of the entire consideration was a condition precedent for conferment of title on the plaintiff and that as the plaintiff failed to pay the amount inspite of demand by the first defendant, the first defendant was competent to execute the sale in favour ..... that was a case where a suit for declaration of title in respect of the suit properties was filed whereunder the plaintiff did not pay the balance of sale consideration as dispute was raised with regard to the title by a third party and that he was prepared to deposit the balance of the sale consideration and that it was also alleged that he was put in .....
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