Court : Chennai
Reported in : 59Ind.Cas.311
..... to convey to him some other land in place of what he bought, p when stated in these words, the position of the plaintiff would be quite untenable and it is difficult to see why the character of the superior title by which the title of the vendor in the land which he purported to sell is defeated, should make any difference to the vendee's rights. ..... as the vendor's title to the land in dispute has been superseded by a superior title, the only remedy open to the vendee is damages for breach of warranty of title. ..... has no title to the land. ..... the case was argued on the basis that in the case of a purchaser at court auction there is no warranty of title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1936Mad256; 163Ind.Cas.195
..... and it appears that the execution of the promissory note, the deposit of title-deeds and the execution of the document all took place on the same ..... is alleged by the plaintiff that the said venkatasubbiah chetty deposited by way of equitable mortgage with the said rangiah chetty title-deeds relating to his immoveable properties and premises situated in madras. ..... the collateral document bear the same date may not always be conclusive; but in the present case in the absence of any other evidence and looking at the terms of the document, we understand that the title-deeds were handed over along with the letter. ..... at the trial the document evidencing the deposit of title-deeds though not mentioned in the plaint was produced by the plaintiff as ..... recites that the executant has pledged as collateral security title-deeds in respect of the promissory note for rs. ..... mentioning the execution of the promissory note it proceeds thus:i have this day deposited as collateral security with you the title-deeds of my house and ground.... ..... is on stamped paper, as is required by the stamp act in the case of a document relating to a deposit of title-deeds. ..... is clear on the face of it that it was intended to be a formal document because it contains the terms of the transaction and it is not a mere letter reciting merely the past fact of the deposit of title-deeds. ..... shall therefore pay you the principal and interest accruing due on the said promissory note from this date in full and redeem the said title-deeds. .....
Tag this Judgment!Court : Chennai
Reported in : 2000(4)CTC233
..... as the newspaper and transmitted therewith, shall be deemed to be part of the newspaper; provided that no such extra or supplement shall be so deemed unless it consists wholly or in great part of matter like that of the newspaper and has the title and date of publication of the newspaper printed at the top of each pageexplanation:- nothing in this section or in the rules thereunder shall be construed to render it compulsory to send newspapers by the inland post.' 5. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1948Mad315; (1948)1MLJ247
..... , the five vrittis and the rest of the extent were recommended to be confirmed by separate title deeds to be continued as long as the pagoda was in good order and the service therein was performed. ..... the fact that at the time of the confirmation two title deeds were given for these two separate extents or in other words the confirmation was not as a single grant but as two separate grants was not considered by either court.8. ..... in both these cases there were two title deeds issued at the time of the inam commission and in those cases the original grant was of a whole village. ..... from the fact that two title deeds were issued in respect of this village and the accounts prior to the settlement showed that there were two grants considered with the circumstance that the entries with regard to the particulars of the ..... however there were two title deeds at the time of the settlement. ..... 3(2) (d) is this:any inam village of which the grant has been made, confirmed or recognised by the british government notwithstanding that subsequent to the grant the village has been partitioned amongst the grantees or the successors in title of the grantee or grantees.10. ..... title deed no. ..... title deed no. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad804; 175Ind.Cas.925
..... indeed it is doubtful whether having regard to the way in which the plaint was framed, the question of title could properly have been gone into in that suit at all, even if the plaintiff so desired. ..... i must therefore hold that as against the plaintiff and her assignor, defendant 1 has not derived a valid title to the kanom interest by reason of the purchase in execution of the decree in o.s. no. ..... in the former suit therefore, the present defendant 1 must be held to have been impleaded only as standing in the same position as the plaintiff's then tenant and the principle of estoppel above referred to, precludes any question of title having bean raised in the former suit. ..... it is well established that a person who gets into possession in collusion with a tenant in possession is, so far as the landlord is concerned, placed under the same disability as the tenant from calling his landlord's title in question: see pasupathi v. ..... 689 of 1928, the plaintiff distinctly stated that she did not desire to have the question of title raised in that suit. ..... hence the present suit, based on title, to eject defendant 1.2. ..... 689 of 1928) was clearly framed as one based on the tenancy and not on title. .....
Tag this Judgment!Court : Chennai
Reported in : (1988)2MLJ452
..... evidence, that the respondent, who was appointed as receiver by this court, is entitled to receive rent and in spite of the fact that the revision-petitioners were parties to the said proceedings, they wilfully defined the title of the respondent and also withheld payment of rent and in spite of the conditional direction given by the court below, they failed to deposit the rent and as such there is no other alternative except to invoke the ..... the respondent herein, who poses herself to be the daughter of bangaru chettiar, is neither the natural nor adopted nor foster daughter, that she is a mere interloper, that she has no title to make any claim and that her petitions for eviction ought to have been dismissed. ..... next, it was submitted by the learned counsel for the respondent that a simple denial of title of the landlord by the tenant cannot take away the jurisdiction of the statutory authorities to invoke section 11 and relied on the decision of sathiaev, ..... learned counsel submitted that for filing an eviction petition, the petitioner need not be a owner of the property in the sence of having exclusive title to him and it would suffice if he is entitled to receive the rent from the tenant in occupation. ..... it is too much for the tenants to contend still that the respondent has no locus stanai to file the petitions and ask for eviction, on the grounds of wilful denial of title and wilful default in payment of rent. ..... petitioners to deny her title and they are bound to pay the arrears of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1948Mad179
..... if, however, as was made clear by the learned advocate for the plaintiff by this amendment the plaintiff seeks to rely on dispositions contained in the will dated 12-8-1936 as the basis of his title to the suit properties i am clearly of opinion that the plaintiff is not entitled to the amendment. ..... the original plaint proceeded on two alternative titles; (1) a title as the adopted son of the deceased venkatacharlu and (2) a title as the legatee under the will of the said venkatacharlu dated 21-8-1936. ..... now the plaintiff wants by this amendment to rely upon a third title, namely, title under the will dated 12-8-1936. ..... rangappa naioker : air1935mad137 the plaintiff claimed title to the property on the ground that it had fallen to the share of her husband and had been in his enjoyment for over thirty years. ..... it was alleged in the written statement that the property in question was not joint family property and the plaintiff sought to amend the plaint by also relying on long possession and title by adverse possession. ..... one of the rules stated by mulla in his commentary of the code of civil procedure is that where the plaintiff bases his claim on specific title he will not be allowed, to amend the plaint so as to base it on a different title.3. ..... for his title based upon adoption he relied upon certain facts set out in paras. ..... the plaintiff's case was based on two specific titles. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad221
..... the allegation of the plaintiff was that the village was granted some time after the permanent settlement by the then zamindar of chemudu to the predecessors-in-title of defendants 1 to 56 on condition of rendering service as palanquin bearers, and the profits of the village were to be enjoyed in lieu of the wages payable in respect ..... in dealing with this point the learned judges say that this argument amounted to trying to make out title by adverse possession and estoppel by reason of the attornment, and they disallow the point on the ground that it was not raised ..... complain before us that it is not that they want to raise any case of title by adverse possession but only they want to refer to the non-enjoyment by the zamindar of kurupam and the later recognition of suryanarayana patnaik and the raja of vizianagaram as superior landlords as merely throwing light on the sale deed of 1889 and not as creating separate title and that their contention has been misunderstood by the learned judges. ..... remaining village of annamrajuvalasa assigned to 13 palanquin bearers for performance of service, the same being determinable at will and pleasure, and on the same day an order was addressed to the predecessors-in-title of the defendants directing them to render service to the vendees: ex. e 1. ..... e and the subsequent enjoyment, the title to the suit village is not in the raja of vizianagaram as opposed to the raja of kurupam; and (2) whether the compromises filed in the suit are illegal and .....
Tag this Judgment!Court : Chennai
Reported in : AIR1948Mad451; (1948)1MLJ270
..... he said,'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.so the learned judges ..... if the court finds that title did pass by the document, then a suit merely praying for a declaration that the transaction was sham and nominal will have to be dismissed, even though the court might be of opinion that the plaintiff had a ..... kuppu ammal : air1929mad478 , there was a prayer for a declaration of the plaintiff's title to the property. ..... the cases to which we have been referred and in which this question has arisen it has been uniformly held, as pointed above, that it is not necessary to set aside a transaction which does not effect any transfer of title at all. ..... if it was not sham and nominal, then he had no title. ..... if it was sham and nominal, then he had title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1977Mad228; (1977)1MLJ371
..... during the period between the death of parvathi ammal on 2-11-1946 and the death of ammakannu on 28-6-1958, the period of 12 years to prescribe title by adverse possession had not wholly passed, and, by the time ammakannu dies on 28-6-1958 she had not lost her right to recover possession of the properties from munuswami. ..... 141, but is in accord with the principles of hindu law and the general principle that as the right of a reversioner is in the nature of spas successions and he does not trace that title through or from the widow, it would be manifestly unjust as if he has lost his right but the negligence or sufferance of the widow. ..... the trial court also accepted the alternative plea of munuswami that he had perfected his title by adverse possession on the basis of the evidence adduced by him regarding payment of taxes etc.5. ..... act, 1963, a suit for possession of immovable property or any interest therein based on title could be filed within 12 years of the date when the possession of the defendant becomes adverse to the plaintiff. ..... but the possession of munuswami was without any semblance of title, for, so long as his mother lived, he could not claim to be an heir of his maternal grandfather even under the textual hindu law. ..... in either case, munuswami could not claim any title or possession to the suit properties to the entire exclusion of the plaintiff rajambal. ..... hence, munuswami had not in any sense, acquired any title against his mother ammakannu by adverse possession. .....
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