Court : Chennai
Reported in : AIR1929Mad705; 118Ind.Cas.506
..... former case it was held that the court of bankruptcy is the proper court to try questions in which the trustee in bankruptcy has a higher and better title than the bankrupt, that is to say, in these cases where the bankruptcy act itself gives him that better title, for example, questions of fraudulent preferences but where a trustee in bankruptcy does not stand in any higher position than the bankrupt himself would have stood, ..... , that section 7 before its amendment was not limited in its scope to matters in which the official assignee by the operation of the insolvency law claims a higher title than the insolvent would himself have had, i have to consider whether the amendment puts a limitation upon the jurisdiction of the court and in this connexion i have to consider why this amendment ..... it is important that it should be understood, first, that the rule that the official assignee should have-recourse to this jurisdiction only when he-has a higher title than the insolvent's, is not a rule of law in the sense that the insolvency court has not the jurisdiction to entertain such a case and, secondly, that it is not-restricted only to ..... an ordinary suit in england are very small and that no inconvenience is caused and no obstruction is put in the way of the bankrupt estate by confining the jurisdiction of the bankruptcy court to claims where the title of the trustee of the bankrupt estate stands on a higher footing than would have been the case if the debtor had been suing himself. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1989Mad252; (1988)IIMLJ167
..... whether the plaintiffs are entitled to the suit property as legal heirs of deceased thambithurai (ii) whether the defendant's claim to the suit property, either as a person who has put up the building or as a person, who has prescribed title by adverse possession is true on the second point, the learned district judge found that the decision of the trial court holding against the defendant was correct, and on the evidence, he could not differ from ..... in this case, the plaintiffs' title having been upheld by the district judge and the case of adverse possession put forward by the defendant having been negatived, the only course open to the court was to grant a decree in favour of the plaintiffs for declaration of title and delivery of possession. ..... the land had been taken on lease from a temple benami for the benefit of the defendant in the name of thambithurai, who was the maternal uncle of the defendant and that the defendant had prescribed title to the suit property by adverse possession. 4. ..... the plaintiffs claimed that after the death of anjammal, they were the exclusive owners of the property and as the defendant is not acknowledging their title and is refusing to pay the rent in spite of demands, they had terminated the tenancy and sought for declaration of title and recovery of possession. 3. ..... the plaintiffs prayed for declaration of title to the suit property and for recovery of possession on the ground that they are the children of thambithurai, who was the owner of the suit .....
Tag this Judgment!Court : Chennai
Reported in : AIR1982Mad44
..... the learned counsel for respondents 1 to 10 contends that the position of the petitioner was not that of a tenant, but- was only a licensee in respect of the cocoanut tope and in any event, when he had claimed title to the properties, whatever rights he might have had originally as a lessee had been lost- to him as a result of the merger of the lesser interest with that of the larger interest and consequently the petit-.owner, on ..... , held that on the execution of the sale deed in favour of the second defendant by the first defendant, the title of the first defendant passed on to the second defendant and consequently, from the date of sale, the possession of second defendant ceased to be that of a tenant and the relationship of landlord and tenant, if any, that ..... being set aside, the petitioner certainly could not have obtained any title to the property by such purchase from the 12th respondent during the pendency of the proceedings to set aside the sale initiated ..... consequently, it must be held that the petitioner did not acquire any title as such to the properties and on the setting aside of the sale in favour of the 12th respondent herein by the courts, the petitioner was bound to put back respondents 1 to 10 in possession of the properties, the order of ..... been pointed out that the petitioner had purchased the properties and 30-12-1964 from the 12th respondent herein, who was the purchaser of the right, title and interest of the lessor mohamed zackria in the court auction. .....
Tag this Judgment!Court : Chennai
Reported in : (1987)1MLJ33
..... in favour of the 1st respondent herein, that the settlement deed dated 8th april, 1973 stated to have been executed by mayakaruppa in favour of muniappa was an invalid and inoperative document and would not convey any title to the properties dealt with thereunder in favour of muniappa, that the arrangement with the creditors for the sale of the property was not true and that therefore irulappa did not derive any interest ..... oral as well as the documentary evidence, by judgment dated 29th april, 1977 the learned district munsif of madurai taluk, found that the settlement deed dated 8th april, 1973 under which muniappa claimed exclusive title to the properties in o.s.226 of 1975 was not true, valid and binding, that there was an oral partition between mayakaruppan and muniappa, that the settlement deed executed by mayakaruppa in favour of his sister's son, the ..... in that suit, muniappa nadar prayed for the relief of declaration of his exclusive title to the properties set out in the plaint therein and for an injunction restraining the respondents in this second appeal from interfering with his possession and enjoyment of the suit properties.2. ..... the settlement deeds under which muniappa as well as the 1st respondent herein claimed title to the properties dealt with thereunder had been declared to be of no effect. ..... besides, the settlement deed dated 5th february, 1975 under which the first respondent herein claimed title, was staled-lo be vitiated by undue influence, coercion and fraud. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1940Mad540; (1940)1MLJ302
..... primarily made of a suitable person who is a member of a particular family and that where karnam service lands have been enfranchised, a quit rent being imposed in lieu of the service, and an inam title deed is granted confirming the lands to the holder of the office, his representatives and assigns, the lands are his separate property and are not subject to any claim to partition by other members of the family ..... to 1909 while appalanarasamma was the holder of the office and was in enjoyment of these inam properties they were enfranchised and an inam title deed came to be issued not in the name of appalanarasamma alone as it should have been, but in the joint names of appalanarasamma ..... it was naturally of the utmost importance to the defendants in this case, resting as they did their title on the position of appalanarasamma as the karnam of this village, to establish that she was actually in that position and that ..... position and the ignorance of appalanarasamma and managed to get the inam title deed issued jointly in the names of himself and appalanarasamma behind her back ..... the result of this litigation was that appalanarasamma's absolute title to the entire property to the exclusion of koduru venkanna based upon the enfranchisement of the inam land.in ..... the following words:i am therefore of opinion that plaintiff is entitled to have all the suit lands exclusively enfranchised in her name and the entry of defendant's name in the title deed as a joint owner is fraudulent and illegal.3. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1941Mad208; (1940)2MLJ1038
..... mortgagees for value and although if the attachment had continued and the sale confirmed, their mortgage would have been in fructuous as against the attaching creditor, yet they have a prior title as against the appellant's father, who did not only appear on the scene much later but who knew of the plaintiffs' mortgage and had entered into an agreement to discharge the same. ..... right in execution was only to bring the property to sale and had the property been sold through court, the purchaser would have bought the judgment-debtors' right, title and interest as it existed on the date of the attachment regardless of any alienations that might have been made during the continuance of the attachment. ..... is, the judgment-debtors) had already executed a mortgage in favour of the plaintiffs of which the appellant's father had full knowledge, he can only be taken to have purchased the right title and interest which was owned by his vendors at the time of sale. ..... on account of' attachment an auction-purchaser of a property in a sale in invitum has a superior title, and may have a better one than the judgment-debtors possessed on the date of the sale but this is the result of the provisions contained in section 64, ..... in favour of the attaching creditor or whether the judgment-debtor's interest had been brought by attachment under the control of the court for the purpose of executing the same so as to preclude the accrual of title by survivorship in the event of the judgment-debtor's death. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1960Mad194
..... was a registered partition in the family under which the items of land for which the petitioner had previously made applications or patta fell to the share of the petitioner himself.when the petitioner thus obtained title in these items of lands he made another set of applications to the assistant settlement officer basing his right to patta on the allotment of the items under the partition. ..... if by reason of a subsequent act namely the partition in the family he obtains title there could be no question of res judicata which would prevent the assertion of the newly acquired title.the petitioner did not possess title which he now alleges and on the basis of which he now seeks relief. ..... the assistant settlement officer, however, held that the previous order disallowing the petitioner's claim on the ground of lack of title barred the present application on the principle of res judicata and therefore, dismissed the application. ..... no doubt the previous order had become final but it became final on the question that on that date the petitioner had no title to apply for ryotwari patta. ..... the title how put forward could not be in issue at the stage of the first application and therefore there is no identity of the issues arising for decision. ..... the previous applications had been dismissed on the ground of want of title. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)ILR35Mad659
..... srinivasa ayyangar, the learned vakil for the appellants, urges in reply, firstly, that section 258 has no application to a contention that the first respondent obtained no title under the transfer relied on by him and that he is not therefore the decree-holder and is not entitled fed apply for execution, the section being applicable only where it is contended ..... ' ease is that by the arrangement in question the title to the decree passed to them and not to the ..... is that the subordinate judge's decision that section 258 is a bar to the defendant's plea of no title in the first respondent is untenable. ..... opinion makes no difference with respect to the principle involved in the judgment, namely, that an assignment which operates as a satisfaction of the decree may be relied on to prove that the assignee obtained no valid title under his assignment. ..... 33, if the assignor has ho title to the judgment he can convey none to the assignee, and, where a judgment, once paid, though not satisfied of record, is assigned by the judgment-creditor, the assignee takes it subject to all ..... , having regard to the nature of the transaction alleged in the case, i do not see how, if it cannot be pleaded as an adjustment, it can be relied on as showing want of title in the plaintiffs. ..... of the words 'shall not be recognized as a payment or adjustment of the decree' which occurred in section 258 of the old code that the adjustment in this case may be given effect to as showing want of title in the plaintiffs. .....
Tag this Judgment!Court : Chennai
Reported in : 2000(3)CTC694
..... for other reasons, held that when there is no averment in the plaint that the plaintiff was not aware of the pendency of the proceedings, the is on the plaintiff that there was material defect in the seller's title which the seller did not disclose and that the nondisclosure was fraudulent.21. ..... in this case their lordships held that there was nothing to support the case of the plaintiff that there had been any breach of warranty of title and also a breach of covenant can only arise when the purchasers possession is disturbed. ..... therefore, thequestion of the respondents suppressing any defect in the title did not reallyarise.17. ..... 'but the rule cannot have any application to a case where the plaintiff as inthe present case himself knew fully well that the defendant had no title to the property. ..... dhanabagyathammal : air1981mad303 ,where this hon'ble court held that when a person deliberately purchases property with knowledge of defect of vendor's title there cannot be any claimfor damages for violation of covenant for title. ..... there was a lawful attachment and in respect of the sum of rs.5,375 and this the plaintiff paid in order to free his title.'37. ..... 405, which is a decision rendered by the division bench of this hon'ble high court which arose out of a suit for damages arising out of breach of warranty of title. ..... the learned counsel for the respondents cited several authorities with regard to the entitlement of compensation if there is any defect in title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad19
..... : [1965]1scr861 it has been held as follows:'the court will presume an ostensible title to be the real title unless a plaintiff who seeks to assert the contrary pleads and proves that the ostensible owner is not the real owner ..... transaction, (2) possession of the property, (3) the position of the parties and their relationship to one another, (4) the circumstances, pecuniary or otherwise, of the alleged transfer, (5) the motive for the transaction, (6) the custody and production of the title deeds, and (7) the previous and subsequent conduct of the parties. ..... the said suit was filed by him for declaration of his title to and possession of the plaintiff schedule property and a permanent injunction restraining the defendant from interfering with his possession, and if the defendant managed to get possession by force and was found to be in possession for directing him to deliver possession of the property to the plaintiff with mesne profits after giving declaration of title, and for costs.2. ..... but, a combination of some or all of them and a proper weighing and appreciation of their value would go a long way towards indicating whether the ownership has been really transferred or where the real title lies. ..... whether plaintiff is estopped from denying the title of defendant? 7. ..... of its enjoyments, would be a real material factor for establishing the case of benami, but the mere proof of the source of the purchase money would not finally establish the benami nature of the defendant's title. .....
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