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Results · Chennai
ismail Beari Vs. Abdul Kadar Beari
Court : Chennai
Reported in : (1883)ILR6Mad319
1. The plaintiff, a Canarese Mapilla, gave his daughter in marriage to the defendant in 1871, and, on the 20th June of that year, she being a girl of 13 years of age, he executed, in favour of her husband, on her account, a deed of gift which is described as Kasi or Badi, conveying certain. property to be enjoyed by her and her descendants from generation to generation.2. The District Judge has defined Kasi as money or land, given by the relations, of a Mapilla female to the man whom she is about to marry, to be enjoyed by the latter during the continuance of the marriage, but returnable to the woman's family on dissolution of the marriage, either by divorce or by the death of either party. This definition has not been objected to. In the present case, the plaintiff's daughter died in May 1877; and the plaintiff has brought this suit on the ground that he had given the property as Kasi, and that, on the death of his daughter, he became entitled to recover it. He therefore sued for the-...
Tag this Judgment!Madabhushi Seshacharlu Vs. Singara Seshaya
Court : Chennai
Reported in : (1883)ILR7Mad55
Charles A. Turner, Kt., C.J.1. We consider that signature by a mark would be, under the circumstances, a sufficient compliance with the Act.2. We set aside the decree dismissing the suit and direct the Lower Appellate Court to re-hear the appeal.3. The costs of this application will abide and follow the result....
Tag this Judgment!Sanjivi Reddi Vs. Kama Errapa
Court : Chennai
Reported in : (1883)ILR6Mad290
Kernan, J.1. This is a suit on an instrument, dated the 12th of September 1875, whereby the defendant promised to pay to the plaintiff Rs. 273-5-10 (money borrowed), with interest, at any time within six years on demand.2. Demand was made in February 1881.3. The plaint was filed before July 1881.4. The question of law is whether the suit is barred by limitation. Assuming: that the instrument (which is a promissory note) was payable on demand, it was governed by the Limitation Act of 1871; and the time of limitation did not arise until demand. But the Act XV of 1877 altered the law and made the period of limitation run from the date of the note.5. Allowing the extra time under Section 2*, Act XV of 1877, on this note, as a note on demand, time would elapse on the 12th September 1879, and in that view the suit would be barred.6. In its terms the note is not one containing merely 'a promise to pay on demand.'7. Its terms are to pay 'at any time within six years on demand.' As the law stoo...
Tag this Judgment!Timmappaya Vs. Lakshminarayana and ors.
Court : Chennai
Reported in : (1883)ILR6Mad284
Innes, J.1. We concur with the District Munsif and Subordinate Judge that the suit does not properly lie against first, second, and third defendants to enforce against them a decree for partition obtained against their father to which they were not parties.2. In the first place, that decree was obtained by the submission of the father to abide by the oath of the therein plaintiff' and, under the Oaths Act, such evidence is to affect only the person who offered to be bound thereby--(see also as to this the judgment in Keshava v. Rudran) I.L.R. 5 Mad. 259. It has been held in the case of a decree obtained against a father alone for a debt due by him that an attachment of joint family property including that of the sons in execution of such a decree may be binding upon the sons, but we cannot regard the case before us as on the same footing with a decree for an antecedent debt against the father.3. The suit in which the decree was passed was a suit for partition. No decree could be proper...
Tag this Judgment!A.R.L. Lakshmanan Chetti Vs. Kolandaivelu Kudumban
Court : Chennai
Reported in : (1883)ILR6Mad311
1. It appears to us that when a landlord claims to revert to a nanjai rate of rent on his repair of a tank, which had fallen out of repair, such repair is only a restitution of the previous state of things, and is not such an improvement as imparts additional value to the land; nor is the claim to revert to the rate in use when the tank was in good repair a claim to raise the rent which under Section 11 of the Rent Recovery Act would require the sanction of the Collector.2. We think that, if the tank were kept in repair, the landlord would be entitled to revert to the rates in force before the tank fell out of repair.3. But the change should not be made too suddenly, because the raiyat should be allowed two or three years to reap his punjai cotton and other crops, and to prepare the land for nanjai cultivation.4. This tank was repaired in Fasli 1289, and this suit relates to the patta for 1290. The raiyat was not allowed a reasonable time to make the changes required. Therefore as to t...
Tag this Judgment!Byreddi Narakka and anr. Vs. Chinna Narayana Reddi and anr.
Court : Chennai
Reported in : (1883)ILR6Mad331
Charles A. Turner, Kt., C.J. and Kernan, J.1. Plaintiff is one of three brothers; they and their father divided some years ago. The eldest son sued the representatives of the rest of the family for his share in his father's estate. He has since been transported for life. The children of the convict have applied to be made co-plaintiffs:2. The Judge has held the father civiliter mortuus. We cannot accede to that view. Although he has been sentenced to transportation for life, he has not been deprived of power to hold property nor to maintain suit; but, seeing : that the children would be co-owners with their father in ancestral estate, we are not prepared to hold they were improperly made parties. It is true they would be in law sufficiently represented by their father, but in fact they might not be represented effectually, and, under the circumstances, we consider it was proper to grant their application. For these reasons, we dismiss the appeal with costs....
Tag this Judgment!Kamatchi Ammal Vs. Agilandammal and ors.
Court : Chennai
Reported in : (1883)ILR6Mad334
Charles A. Turner, Kt., C.J.1. Regulation VI of 1831 reserved to the Revenue authorities the decision of all claims to hereditary village or other offices in the Revenue or Police Departments, and prohibited the Civil Courts from entertaining such claims. That prohibition has not been removed, and, although the enfranchisement of Inam lands restores the jurisdiction of the Courts over the enfranchised lands, it does not authorize the Courts to call in question decisions already passed by Revenue Officers, under the provisions of Regulation VI, prior to the enfranchisement. The order of Mr. Barlow passed in 1876 was intended to be a decision of the claim made by the appellant, who should have presented an appeal from it; until he had obtained the office he was not entitled to the emoluments, and, as the emoluments were severed from the office before he obtained a recognition of his right to the office, the Civil Court cannot award them to him.2. The appeal fails and is dismissed with co...
Tag this Judgment!Yenamandra Sitaramasami Vs. Midatana Sanyasi and anr.
Court : Chennai
Reported in : (1883)ILR6Mad400
Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.1. In order to sustain a mortgage by a Hindu father it must be shown that the moneys were required for necessary purposes, in which is now included payment by a father of an antecedent debt which it would be a pious duty in the son to discharge. Unless the respondents proved that the purpose (or which the debt was incurred was such, or that they in good faith believed it to have been such, as justified the mortgage, they cannot rely on that instrument except in so far as it affects the father's share.2. A son is, however, bound to discharge a debt of the father which he cannot how to have been contracted for an improper purpose to the extent of ancestral property which may come to his hands.3. In a suit brought against him to enforce that liability, the burden of proof as to the nature of the debt would lie on him.4. We reverse the decree in respect of a one-fourth share of one visam of the field known as Konupulugaruvu and decree the...
Tag this Judgment!Jonnagadla Subbaya Vs. Thatiparthi Senadala Buthaya and ors.
Court : Chennai
Reported in : (1884)ILR6Mad380
Innes and Kernan, JJ.1. Under Act XXXV of 1858, the Court can be moved only by a relative or by a person who is a curator under Act XIX of 1841 to make the inquiry under Act XXXV of 1858.2. Possibly, it may be worth the while of the defendants, or some of them, to move a competent Court for this purpose.3. Unless the first defendant is thus declared a lunatic, a guardian cannot it appears, be appointed under Chapter XXXI of the Civil Procedure Code....
Tag this Judgment!Adiveru Dinabhandupatrudu and ors. Vs. Lokanadhasami and ors.
Court : Chennai
Reported in : (1883)ILR6Mad322
Charles A. Turner, Kt., C.J.1. A zamindar cannot put an end to the relation of landlord and tenant, except in the manner provided by law, and it is apparent that, in this case, nothing was done by the zamindar to determine the tenancy. The zamindar, however, alleges that the tenancy was determined by the act of the tenant himself. The merely allowing the land to be waste would not of itself, determine the tenancy. Such procedure on the part of a tenant would, under some circumstances, be evidence of an intention to abandon the holding; under others, it would prove no such intention : for instance, in a season of drought, it would be idle for a tenant to attempt to put a crop into the ground. If then the appellant as purchaser, acquired the tenant's right, it must be determined whether he has put an end to the tenancy, or deprived himself of his right to recover possession.2. The District Judge is requested to try the following issues upon the evidence already recorded, and upon such fu...
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