Court : Chennai
Decided on : Sep-29-1917
Reported in : 43Ind.Cas.871
..... could decide that the alleged custom continued. it is contended by mr. rangachary that the sanad shows clearly that the condition of inalienability was removed and intentionally removed, because its rationale had ceased with the abolition of the service. as put by my learned brother in the course of the argument, 'the raj was inalienable without the sanction of the ruling .....Tag this Judgment!
Court : Chennai
Decided on : Oct-03-1917
Reported in : AIR1918Mad336(2); 43Ind.Cas.697
1. this is an appeal from a decree of the subordinate judge of north arcot dismissing the suit brought by the plaintiffs, claiming under persons who were the next reversioners on the death of the widow of the last male owner, one kitchama. the defence which the subordinate judge has upheld is that the properties, which formed part of the estate of the last male owner and were alienated by his widow in 1882, formed the subject of a compromise in the suit in 1886 by three of the presumptive reversioners at that time against defendants nos. 2 to 4 who were stranger alienees and 5th defendant jangamiah who was one of the co-reversioners and was himself at the time an alienee from the widow whose alienations were questioned in the suit. that suit was filed on the 2nd october 1886. very shortly, afterwards in the next month, by exhibits ii and ii(a), the stranger transferees from the widow transferred their rights to one of the plaintiffs-reversioners varadiah, who is the present 1st defendant's father. it is suggested that these transfers which are in the identical terms were only transfers of the widow's interest, which the transferees have undoubtedly acquired under the sale-deeds, exhibits iii and iii (a), but we cannot take that view. we think that there was an out and out transfer inclusive of the transferees' right to remain in possession during the lifetime of the widow. subsequent to the transfers in favour of varadiah and as part of the same transaction a petition, .....Tag this Judgment!