Court : Chennai
Reported in : (1913)24MLJ79
..... even a judgment declaring the title of a third person in the holding as against a co-tenant has, in my opinion, the same effect as the transfer of any title which might have existed in the latter in favour of the decree holder and must therefore sever the joint tenancy. ..... but he did not thereby become vested with their title, or succeed to their interest in the property. ..... the judgment added nothing to his former title, but left it as it was before, and the point decided was that his was better than the title of his adversaries. ..... his title was found. ..... a judgment had been rendered against some of a number of co-tenants which in effect for ever precluded them from asserting their title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad206; (1951)IMLJ466
..... so the point for decision is whether the fact that it is averred in the plaint that the deft, denied his title to recover possession of the property & sets up occupancy rights in the suit property makes any difference for a decision of the question whether the provisions of the court-fees act applicable are section 7(xi)(cc) or section 7(v). ..... he also urges that the recovery of possession in this case does not follow a declaration of title to the suit property, as the success or failure in the suit depends entirely upon the proof of tenancy set up by him in the plaint. ..... he cannot fall back upon the plea based on his title when he finds that he cannot succeed in establishing the tenancy set up by him in the plaint. ..... in a suit for ejectment under section 7(xi)(cc) a prayer for declaration of title is outside its scope. ..... the relief of declaration of title to the suit property is not claimed in the suit. ..... 's title to the suit property & for possession thereof. ..... 's title to the suit property, called upon the pltf. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad213; (1950)2MLJ338
..... each one of the sharers had an antecedent title and therefore, no conveyance is involved in the process as a con-ferment of a new title ia nod necessary. ..... there is no conveyance but a transformation of property, an allotment by virtue of his antecedent title as co-sharer. ..... by the partition a co-sharer gets a separate allotment by virtue of his antecedent title as co-sharer. ..... 248 defined the words 'transfer' with lucidity and they say;'a 'transfer' in law must be deemed to imply a transfer by a person entitled to that property in favour of ft person having no title otherwise. ..... it is not a conveyance--it is not an exchange--and the separate allotment is not obtained by another independent title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad51; (1921)40MLJ114
..... but it will be found that the cases cited as illustrating its application deal only with payments made under a mistake, not like that alleged in the present case as to the possibility of a title being acquired in the future, but as to the validity of one regarded as already in existence; and, even so, in each case there was distinct evidence that the mistaken belief was not a mere ..... under the impression that the property, in respect of which he paid, actually belonged to rice, not to his wife; and he had satisfied himself as to the possession of the title-deeds and obtained a guarantee from rice's solicitor, before making his payment. ..... of cross-objections is' 1argued against 7th defendant, who is alleged to have obstructed his attempt to take possession of item 1 under his title as purchaser in execution of his decree against 1st and 2nd defendants. ..... so far the cases relate only to mistake as to existing titles, supported by proof of good faith by evidence as to possession or otherwise, which is wanting in the present case, since appellants knew that they were obtaining ..... made as here in expectation of the acquisition of a title in future are in question, there is little or ..... to krishnier and appellants therefore have never completed their title as owners of the property. ..... were made by a transferee of property under a mistake as to the ownership of his transferor; but the fact that the former had obtained possession would go far towards supporting hisbona fide belief in his title. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad163; (1921)41MLJ252
..... 60, of the property attached or the disallowance under rule 61 of the claim are made to depend not on title but on possession at the date of attachment, the question of title being left to be investigated in the suit which the unsuccessful party is bound to bring within the prescribed period on pain of losing all his rights. ..... it is by this suit or the failure to institute it that the speedy settlement of the questions of title is secured and all that the order on the claim petition does beyond raising or confirming the attachment is to decide which party is to sue on pain of losing his rights. ..... in all these cases it has been pointed out that the object of these sections is to secure the speedy settlement of questions of title raised by attachments, as explained by the judicial committee in sardhari lal v. ..... 179 'attachment only prevents alienation, it does not confer title.'6. ..... article 120 instead of one year under article 11 is prima facie most unlikely seeing that the effect of the alteration is to defeat what has always been the essential feature of this procedure, the speedy settlement of titles. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad641; (1942)2MLJ164
..... principles there laid down apply equally to mahomedan endowments and it is clear from that case that unless authorised by the kazi no matwali could create a leasehold interest to endure beyond his life, that the lessees acquired no title by adverse possession against the succeeding matwali and that if the succeeding matwali recognised the interest, the consent is only referable to a new tenancy created by him and that there is no adverse possession until his ..... he contended that articles 134-a and 134-b which were added to the statute book by the amendment to the indian limitation act, would have no application as his title had become complete long before the amending act, i of 1929, came into force. ..... in a case such as this, where it is necessary to indicate what particular kind of lawful title is being presumed, the court must be satisfied that such a title was in its nature practicable and reasonably capable of being presumed, without doing violence to the probabilities of the case. ..... lifetime of the mutavallis who granted the lease and the latter of the two did not die, as stated before, until the 8th april, 1925, there would be no question of limitation or of the first defendant completing his title by adverse possession as the suit was instituted within 12 years of that date ..... panchapagesa sastri, started on the 21st january, 1894, and his limited title to the lease became complete in 12 years thereafter. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad53
..... build a substantial structure on the property in the bona fide belief that the land would become his on the fulfilment of certain conditions, duraiswami naidu can turn round and say that defendant 1 has no legal title and that the property should be surrendered to him or to his alienee following the well known dicta contained in the various cases mentioned by me above, the only answer that could be given to it is that duraiswami naidu could ..... a certain property belongs to him spends money upon it and the true owner stands by and allows him to spend money and make improvements upon his land, the true owner is estopped from asserting his title to the land as against the person making improvements in such bona fide belief. ..... p-12, the plaintiffs brought the suit for a declaration of their title to the suit house and possession of the same with damages for past use and occupation from the defendants. ..... defendant 1 was building the house on the bona fide belief that the land was his and the only act of his to complete the title was to pay the purchase-money to p. w. ..... p- 1 was a sale-deed in favour of doraiswami naidu effected with duraiswami naidu's own funds and with the intention that the title should vest in duraiswami naidu alone. ..... though the title at the time of ex. ..... that the tiled house built on the property was constructed by defendant 1 with his own funds and that the plaintiffs were not bona fide purchasers for value of the house without notice of defendant 1's title. .....
Tag this Judgment!Court : Chennai
Reported in : (1903)13MLJ439
..... lands in question as mortgagees, much in the same terms as in the previous plaint and proceed to state that the present 1st defendant (eighth formerly) though let into possession as a tenant by the plaintiffs is setting up title in himself and (hat he and the 2nd defendant (ninth formerly) who got possession through him refuse, to surrender the land ; and pray for a decree for possession of the lands and mesne profits the ..... , the right to eject a tenant and another claiming through him on the ground of the tenants denial of the landlord's title and the right of a mortgagee to possession under a purely usufructuary mortgage, which latter necessarily negatives a right to recover money on a covenant to pay or to obtain an order for sale. ..... plaint slates as an alternative ground for the reliefs claimed that, even should the plaintiffs fail to make out the letting alleged, they are entitled to recover on their title as usufsuduary mortgagees under the said instrument of the 9th august 1864.4. ..... reference was made, among other things to the possession of the mortgaged lands by the plaintiff, to a letting by them of the lands to the then 8th (present first) defendant, and to the latter denying his alleged landlord's title and setting up a claim to the property himself. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1922Mad344; 66Ind.Cas.168; (1921)41MLJ297
..... section 54 of the transfer of property act it is subject to the exception that 'where the law still admits of the separate transfer of the mortgage-debt as by (he indorsement of a promissory-note secured by a deposit of title-deeds or by the attachment and sale in execution of a mortgage debt section 8 of the transfer of property act still operates to carry the security with it. ..... not without hesitation on account of the opinion of the learned chief justice to the contrary, that the indorsee of a negotiable instrument does not get any right to the mortgage by deposit of title deeds in his indorser's favour by the mere indorsement of the note without a registered transfer of the mortgage rights.8. ..... decision in this second appeal is whether an indorsee for value of a negotiable instrument the amount of which had been secured by a mortgage by deposit of title-deeds can claim to enforce the mortgage in the absence of a registered instrument conveying the mortgage rights to him.2. ..... if we are to hold that the security passes by the indorsement of the promissory notes in cases of mortgages by deposit of title-deede where notes have been taken for the mortgage amounts we must hold the same view with reference to any kind of mortgage where the mortgagee happens to ..... no valid argument can be based on the alleged anomaly of holding that the transfer of a mortgage by deposit of title deeds requires registration when the creation of it does not ; for that seems clearly to be the law at any rate .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad452
..... it has been the practice to issue a certificate to the person who has prima facie the clearest title to the succession, such as the natural heir, and to leave a person, whose claim to a superior title is on reasonable grounds disputed, to establish that title by regular suit.7. ..... under the circumstances we consider the district judge has only followed what has become the recognized practice of the court in refusing to enter on an exhaustive inquiry into the appellant's title in these proceedings.9. ..... the appellant's title is not now for the first time repudiated. ..... the title of the appellant has sometimes been assorted and sometimes been ignored by the senior rani according as it suited the efforts she made to recover the restoration of the dignity and possessions of the tanjore raj.5. ..... moreover, the claim of the appellant to the private property of the raj, when advanced in an execution proceeding in 1866, was rejected and he refrained from taking measures to assert his title. .....
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