M. Vasudeva Muthu Shastry vs M. Vittal Shastry And Ors.
Judges:
31 March, 1922·Oldfield, J. 1. The only question raised by this appeal is whether the decree is still executable by plaintiff, notwithstanding that his last application in 1910 was made over, three years before his present application in 1919. He alleges that it is, because time runs against him only from the appl...
Madras High Court
Hariharamangalath Kizoor ... vs Thaiparambil Kalathil Ummar And ...
Judges:
31 March, 1922·Odgers, J. 1. In this case the only point argued is that of limitation. The respondent's vendor in 1903 obtained a theetu deed Ex. A which was assigned to the respondents in April 1904 by Ex. B for a period of 12 years and for a consideration of Rs. 1,000/-. Ex. A. was granted by the then female man...
Madras High Court
Palani Goundan vs Kulandaivelu Goundan And Ors.
Judges:
28 March, 1922·Venkatasubba Rao, J. 1. At the instance of the petitioner the Joint Magistrate of Dindigal passed a preliminary order under <act id=4LGxPokB_szha0nWDtBn section=145>Section 145,</act> Criminal Procedure Code on the 10th January 1922. This was preceded by an order of attachment under Sub-<act id=4LGx...
Madras High Court
Hussain Sahib vs Hammad Saheb And Ors.
Judges: Spencer
27 March, 1922·Spencer, J. 1. The appellant relies on Gulusam Bivi v. Ahmadsa Rowther 51 Ind. Cas. 140 : 42 M. 296 : 9 L.W. 5411 (1919) M.W.N. 284 as an authority for saying that mesne profits cannot be awarded in the final decree if there has been no direction in the preliminary decree either setting mesne profit...
Madras High Court
Musaliarakath Muhamad Alias Bava vs M.R. Ry. Manavikrama The Zamorin ...
Judges:
23 March, 1922·Ayling, J. 1. Appellant (and petitioner before us) was the 5th defendant in O.S. No. 354 of 1917 on the file of the Court of the Additional District Munsif of Tirur which was decreed in favour of Plaintiff, He preferred an appeal which was posted for disposal before the Subordinate Judge of Palghat ...
Madras High Court
Jurugumilli Brahmayya (Minor) By ... vs Chellaghali Achiraju
Judges: W Schwabe, Oldfield, Phillips, Devadoss, V Rao
22 March, 1922·Walter Schwabe, C.J. 1. The question referred to the Full Bench is: "Where a Zemindar makes a post settlement Inam giant of a portion of a village with both verams on a permanent kattubadi, is the grantee a landholder within the meaning of Section 3(5) of the Madras Estates Land-Act?"2. It is not pa...
Madras High Court
Pudiava Nadan vs Pavanasa Nadan And Ors.
Judges:
20 March, 1922·Walter Salis Schwabe, K.C., C.J. 1. The question referred to the Full Bench is "Is a Hindu who is congenitally blind thereby excluded from the inheritance, or has the rule become obsolete?"2. In Surayya v. Subbamma (1919) I.L.R. 43 Mad. 4 at page 16 Sadasiva Ayyar and Napier, JJ. answered this quest...
Madras High Court
Minor Subbarayan By Guardian ... vs Minor Natarajan By Their Guardian ...
Judges:
20 March, 1922·Spencer, J. 1. In disposing of an execution petition the Sub-Court of Mayavaram in an order passed on April 9th, 1919, which the District Judge of Tanjore confirmed on appeal, extended the period of 12 years after which Section 48, C.P.C. declares that no order for the execution of decree shall be m...
Madras High Court
Pavadi Pathan And Anr. vs Ramaswami Chetty And Ors.
Judges: Spencer, Ramesam
17 March, 1922·Spencer, J. 1. I feel no doubt that the Subordinate Judge was right in treating a lease of lands for growing casuarina trees to be used for fuel as a lease for agricultural purposes within the meaning of <act id=V7GwPokB_szha0nW78_0 section=117>Section 117 </act>of the Transfer of Property Act. With...
Madras High Court
Konga Ramasami Iyer And Anr. vs Ponnusami Alias Tambayasami ...
Judges: W Schwabe, Oldfield, Coutts Trotter
17 March, 1922·1. This Letters Patent Appeal arises out of a difference of opinion between my brothers Sadasiva Aiyar and Phillipps, JJ., on a subject as to whether a former decision is res judicata as between the persons who were arrayed against one another not in the relation of plaintiff and defendant but who w...
Madras High Court
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