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Hansji Chhiba Vs. Valabh Chhiba
Court : Mumbai
Reported in : (1883)ILR7Bom297
Charles Sargent, Kt., C.J.1. The Assistant Judge was in error in applying to this action the provisions of Article 148, Schedule II of Act IX of 1871. The suit is a suit by a Hindu, excluded from joint family property, to enforce a right to share therein, and for such suits Article 127 provides a period of twelve years, commencing from the date when the plaintiff claims and is refused his share. It is not even alleged by the defendant in the present case that the plaintiff ever claimed and was refused his share. The suit is consequently not barred under the provisions of Act IX of 1871.2. It was, however, contended before this Court that the suit was barred under the provisions of Act XIV of 1859 before Act IX of 1871 came into operation, and that the right of action, having been once lost, could not be revived. This was not the case made in the Court below, and it is not perfectly clear on the finding of the Assistant Judge that the plaintiff had been out of possession for twelve year...
Tag this Judgment!Shair Mull and anr. Vs. Singaravelu Mudali
Court : Chennai
Reported in : (1883)ILR6Mad294
Charles A. Turner, Kt., C.J.1. There appears to us sufficient evidence that the borrower Siddulu, in consideration of the loans he obtained, made an equitable assignment of his interest in the fund subject to the claims of Messrs. Champion and Thompson, the intention being that the attorneys should, for the satisfaction of their own lien and for the satisfaction of the loans advanced by Singaravelu, be invested with special authority to receive the proceeds of the decree.2. The attaching creditors could take no higher interest than Siddulu enjoyed at the date of the attachments.3. The learned Judge rightly held that they were bound to account to the respondent for the sums they had received so far as is necessary for the satisfaction of the advances made by him and interest.4. The appeal fails and is dismissed with costs....
Tag this Judgment!Noorzahan Vs. Musyatulla
Court : Kolkata
Reported in : (1883)ILR9Cal808
Prinsep, J.1. The plaintiff sues to eject the defendant, stating that he has no occupancy rights, and that notice to quit has been regularly served on him.2. It has been found by the lower Appellate Court that the defendant and his father have been actual cultivators for many years, and that the defendant in 1282 had acquired rights of occupancy; but the District Judge goes on to find that inasmuch as, on the defendant's own admission, he has paid no rent to any one for five years, he has lost those rights of occupancy, and consequently is liable to be dispossessed after notice.3. It has been settled by the judgment of Division Bench of this Court in the case of Duli Chand v. Rajkissore (ante, p, 88: 11 C.L.R., 326) and we agree in that judgment, that a ryot having a right of occupancy cannot be legally ejected unless under an order regularly obtained under Section 52 of the Rent Law, that is to say, under a decree for arrears of rent unsatisfied within fifteen days from the date on wh...
Tag this Judgment!Jamnabai Widow of Nahalchand Vs. Raychand Nahahalchand
Court : Mumbai
Reported in : (1883)ILR7Bom225
Melvill, J.1. The evidence, in our opinion, is sufficient to establish the factum of the adoption. The witnesses for the plaintiff state that the defendant went to the plaintiff's natural father Giga, and asked him to give his eldest son in adoption--the eldest son being preferred by the defendant, because he was of an age to assist her in her business; that Giga consented; that the defendant afterwards sent for the boy; and that a ceremony of adoption was gone through in defendant's house. Defendant afterwards spent a large sum of money on plaintiff's marriage, and her own explanation of this is absurd. The only reasonable explanation is that she recognized the plaintiff as her son. Three months after the adoption we find plaintiff deposing in suits brought by the defendant that he was the defendant's adopted son. The evidence of the defendant and her witnesses on the other side, to the effect that no adoption took place, is utterly unreliable.2. It is contended that even though an ad...
Tag this Judgment!Chowakaran Orkatari Bappan and anr. Vs. Chowakaran Cheria Orkatari Mak ...
Court : Chennai
Reported in : (1883)ILR6Mad259
1. We must accept the findings as to custom. There is evidence to support them and none to contradict them.2. The amount allotted is not excessive, having regard to the income of the tarwad and assuming it to be no greater than the Lower Appellate Court has found it to be. The respondent has not proved it to be greater, and we are not prepared to allow interest on amounts which had not been ascertained.3. The decree of the Lower Appellate Court is affirmed and the appeal dismissed with costs....
Tag this Judgment!Charavur Teramath and anr. Vs. Urath Lakshmi and ors.
Court : Chennai
Reported in : (1883)ILR6Mad270
1. It appears that the fourth Uralar, with a knowledge that the suit was filed and that the plaintiffs objected to the renewal, assented to it, and it has been found the renewal was beneficial to the devaswam.2. Under these circumstances we consider the suit was properly dismissed. This appeal is dismissed with costs....
Tag this Judgment!Panchanadayan Vs. Nilakandayyan
Court : Chennai
Reported in : (1883)ILR7Mad191
Charles A. Turner, Kt., C.J.1. It appears that grants of certain lands revenue-free and not merely of the revenue, were made to the ancestors of the parties to the suit and certain other persons, and that the holders of those lands have in course of time acquired a somewhat larger area than was included in the original grants.2. The interest of the appellant and of his two brothers extends to a one-third share which has not been ascertained by metos and bounds, but of which the profits are nevertheless enjoyed separately from the other co-sharers by the appellant's family.3. We are of opinion that the nature of the grants is such that they do not come within the provisions of the Pensions Act. That Act contemplates money payments to be received through the Collector or recovered from persons bound to pay revenue. The decision in Vasudev Sadashiv Modak v The Collector of Ratnagiri I.L.R., 2 Bom. 99 is in accordance with this view.4. Holding then that the Civil Court had jurisdiction to ...
Tag this Judgment!Panioty Vs. Protab Chunder Chuckerbutty and anr.
Court : Kolkata
Reported in : (1883)ILR9Cal506
Wilson, J.1. We think there is no ground for interfering with the order made in this case. The question is whether the Court below ought to have set aside the sale in execution under the terms of Section 313 of the Procedure Code. That section says: 'The purchaser at any such sale may apply to the Court to set aside the sale, on the ground that the person whose property purported to be sold had no saleable interest therein. '. It is said in this case that the judgment debtor had no saleable interest in the property, on the ground that the property had been mortgaged, and that before the sale to the present appellant a decree in a suit on the mortgage had been obtained. We are not prepared to lay down broadly the proposition that wherever there is a mortgage on the property and a mortgage decree has been obtained, there is no saleable interest in the judgment-debtor. We are asked so to hold on the authority of the case of Naharmul Murwari v. Sadut Ali 8 C.L.R. 468. We do not understand ...
Tag this Judgment!The Oriental Bank Corporation and ors. Vs. Gobind Lall Seal and ors.
Court : Kolkata
Reported in : (1883)ILR9Cal604
Norris, J.1. The facts of this case are shortly as follows: One Heera Lall Seal died intestate on 17th March 1876, and his estate is now being administered by the Court. The accounts taken in the administration suit do not disclose assets sufficient to pay all the creditors in full, and this suit has been brought by the plaintiff Banks, in the nature of a supplemental suit to the original administration suit, with the view of obtaining a declaration that Heera Lall Seal was at the date of his death entitled to a one-fifth share in the property comprised in a certain Indenture of Settlement made by his father Mutty Lall Seal, and dated 21st February 1848, and that his (Heera Lall's) representatives in estate are now, as such and subject to the liquidation of Heera Lall's debts, entitled to the said one-fifth share, thus seeking to make available a very considerable estate for distribution amongst the general body of creditors.2. The suit purports to be brought by the plaintiffs 'on beha...
Tag this Judgment!Kacharbhoj Vaija and ors. Vs. Bai Rathore Widow of Kachar Raja Jetha a ...
Court : Mumbai
Reported in : (1883)ILR7Bom289
Charles Sargent, Kt., C.J.1. We think the Subordinate Judge was right in holding that the claim to have the several alienations by the widow Rathore mentioned in the plaint declared void arises out of several distinct causes of action against the several defendants who were the alienees of the particular properties, the subject of those alienations, which causes of action could not, therefore, be properly united in the same suit, having regard to the provisions of Section 45 of the Code of Civil Procedure. The Code does not state what course the Judge ought to pursue where there has been a misjoinder of causes of action. In similar cases under Sections 8 and 9 of the Code of 1859, which are virtually the same as Section 45 of the present Code in a less expanded form, it was said by Peacock, C.J., in Rajah Ram Tewary v. Luchman Pershad 8W.R.15 that Judges ought to reject the plaint. If this be not done, and the objection be taken by the defendants in their written statement, the Judge o...
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