Page images
PDF
EPUB

Nílátátchi v. Venkatachala Mudali-Civil Procedure Code, Sec.
372-Issue directed to remedy "defect" where presumption
of fact not considered, though arising out of circumstances
in evidence and materially affecting decision....
Paidal Kidavu v. Imbichuni Kidavu-Malabar law-Non-forfei-
ture of first káṇam-holder's option.......

Pitchakutti Cheṭṭi v. Kamala Náyakkan-Lease in futuro-"Main-
tenance"-" Champerty"-Specific Performance of lease in
consideration of which plaintiff was to aid defendant to sue
tenant in possession of subject-matter.

Pitchakutti Chetți v. Ponnamma Náṭchiyár-Regulation XXV of
1802, section 8-Ejectment of Zamíndár's grantee by successor
to Zamindarí......
Pudiyakóvilagalla v. Allunannalatta Kadinni-Malabar law-
Right to redeem otti mortgage-Order of Madras Sadr
'Adálat of 12th September 1851.....
Rámji Madauji v. Rangáyya Cheṭṭi-Civil Procedure Code, sec. 39—
Script to refresh witness' memory-Measure of damages—
Contract to deliver “in two or three days".
Rangasvámi Ayyangár v. Kiristna Ayyangár-Admissibility of
evidence notwithstanding erroneous plea....

Rangasvámi Ayyangár v. Vañjulatámmál-Hindú law-Evidence
of requisites to sale by widow.......

Regina v. 'Aidrús Sáhib-Penal Code, sections 191, 193-False evi-
dence in judicial proceeding-Materiality..

Regina v. Dálápati Rau-Auterfois convict-Fraudulently se-
creting a post-letter-Act XVII of 1850, section 50...
Regina v. Subbanna Gaundan-Penal Code, section 211-Offence of
preferring a false charge....

...

Regina v. Subbayya Gaundan-Practice-Copy of Judge's notes
ordered to be furnished to convicted prisoner.
Regina v. Vaiyapuri Gaundan-Convicted Prisoner's right to exe-
cute vakálat-náma to appeal.....
Regina v. Willans-Penal Code, sections 415 and 420-Indictment
for cheating-Uncertainty-Amendment-Act XVIII of

PAGE.

131

13

153

148

146

168

72

28

38

83

30

138

31

1862, section 41........ Sabápati Mudali v. Muttusvámi Mudali-Suit in Small Causes Court against several obligors--Act XLII of 180, section 21... 103 Sabápati Mudaliyár v. Náráyansvámi Mudaliyár-Costs of action in High Court where amount recovered is less than 500 rupees-Letters Patent, clause 37-Act IX of 1850, section 101-Implied repeal of one enactment by another. Sarápu Venkadésan v. Málai I'svaraiyya-Civil Procedure Code, section 181-Fresh Account refused.

Shaikh Rautan v. Kadangot Shupan-Malabar law-Káṇammortgagee's right to hold for twelve years...

Simpson deceased, In the Goods of-Recall of Letters of Administration to Administrator General-Commission-Act VIII of 1855, sec. 22.......

Sivappáchári v. Mahálinga Chetti-Right to conduct Marriageprocession on high road-Action for forcibly stopping such procession.....

115

1

112

171

50

Srínívása Ayyangár v. Kuppanayyangár, Ráyan Krishnamácháriyár

v. Kuppanayyangár-Hindú law-Inheritance-Severance of

adopted son from his natural fumily........

Subbarayulu Náyak v. Ráma Reddi-Effect of alienation of pro-

prietary rights otherwise than as provided by Regulation

XXV of 1802-Permanent lease..

Svámiyár Pillai v. Chokkalingam Pillai, Chokkalingam Pillai

v. Svámiyár Pillai-Hindú law-Suit on behalf of minor to

secure his share in undivided family property.

Tanuviyán v. Valuganáda-Suit for proceeds of land-Paṭṭás and

muchalkás..

Táyumána Reddi v. Perumál Reḍḍi-Hindú law-Reḍdi Caste—
Disinheriting heir in favour of son-in-law.....

Tirumani Chetți v. A'vudai Vélan-Civil Procedure Code, sec. 98—

Satisfaction of suit-Return of stamp-duty-Act X of 1862,

section 26......

Varadarajulu Náyuḍu, Ex parte P.-Magistrate's discretionary
power to refuse to proceed with a criminal charge pending
action in respect of matter out of which the charge arose......
Venkattáchári v. Anántáchári-Waiver of mortgagee's right to
purchase.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors][ocr errors][ocr errors][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

51

[merged small][merged small][merged small][ocr errors][ocr errors][merged small]

At the end of the note, line 2 from bottom read " Vyavahára
Mayúkha" and add a reference to that treatise, chap. IV, sec. V, § 25.

77, line 7 for "Darmalinga" read Darmalinga."

81, for " Mailaraya" read " Mayilarayar."

83, head-note, first line: dele the comma after "convicted."

88, line 28 for " Contracts" read" Obligations.”

[ocr errors][ocr errors][ocr errors]

108, in margin, for " 15" read "11".

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

113, note, line 20 for "Mannadi" read "Mannáḍi": line 22 for

[ocr errors]
[blocks in formation]

Where a Commissioner appointed under section 181 of Act VIII of 1859 to investigate the state of accounts between a debtor and a creditor, made his report, on which the judgment appealed against was founded, the High Court, on a regular appeal, refused to take a fresh account.

THIS

1862.

HIS was a regular appeal from the decision of L. C. Innes, the Civil Judge of Nandayal, in Appeal Suit August 30. No. 7 of 1860.

Miller for the appellant, the defendant.

Mayne and Rámánuja Ayyangár for the respondent,

the plaintiff.

The Court delivered the following judgment.

This was a claim on a bond for rupees 4,062-8-0, with interest from the 1st September 1853, the date of its execution.

The defendant admitted the bond; but pleaded a set-off; and that the amount had been liquidated by subsequent payments at different dates.

Under the provisions of section 181 of the Code of Civil Procedure, a Commissioner was appointed to investigate the (a) Present Phillips and Frere, J J.

R. A. No. 54 of 1861.

1862.

August 30.

of 1861.

state of accounts between the parties; and on his report the R. A. No. 54 Civil Judge passed judgment in favour of the plaintiff for the sum of rupees 2,652-6-4, being the net amount found to be due by the defendant, with interest on the principal of the bond to the date of the decree.

The defendant has now appealed against this decision.

We are of opinion that the defendant has failed to show that his objections to the original decree rest on any tenable grounds. His vakil has endeavoured to argue that if the Court should now take a fresh account, it will be found that the plaintiff is indebted to the defendant. But we do not think it was the intention of the legislature that such a course should be followed in appeal, or that the materials on which the report of a commissioner is based should be again examined and scrutinized by the appellate court in detail, in a case in which the report of the Commissioner, prepared under the rules contained in section 181 of the Code of Civil Procedure, has been approved of by the Court of first instance. To enter de novo on such an enquiry would entirely defeat the intention of the legislature in framing that enactment, the object of which was to shorten and simplify the procedure of the Courts in suits relating to matters of account.

We therefore affirm the original decree, and adjudge the defendant to be further liable for the payment of interest on the net sum of rupees 2,652-6-4 from the date of the decree of the Civil Judge. The defendant will be charged with the costs incurred in the appeal suit.

Decree affirmed.

Appellate Jurisdiction (@)

Special Appeal No. 504 of 1861.

TANUVIYA'N and others.........

VALAGANA'DA and others......................

.Appellants. ...Respondents.

Where no pattás and muchalkás have been exchanged between the parties, occupants of land cannot be sued for its proceeds, even though they have admitted the plaintiffs to be the proprietors.

THIS

32

IS was a special appeal from the decree of J. H. Goldie, the Civil Judge of Tinnevelly, in Appeal Suit No. 124 of 1860. The original suit was instituted by the plaintiffs to establish their right to 3,561 chains of punjey land and 29,480 palmyra-trees situated in the village of Kálváy, and to recover rupees 1,667-7-0, the value of the produce of the palmyra-trees from faşlí 1266 to faşli 1268 (A. D. 1856 to 1858). The Civil Judge, finding that there was not sufficient evidence of the plaintiffs' title, dismissed their suit.

Sadagópáchárlu for the appellants, the plaintiffs.

Mayne for the respondents, the defendants, referred to Regulation XXX of 1802, sec. 6 and Regulation V. of 1822, sec. 9.

The following judgment was delivered.

We consider that the plaintiffs have established no legal claim against the defendants, and that it was proper that the suit should have been dismissed; but that the grounds upon which the Civil Judge has decided against the plaintiffs, are not those upon which he should have acted.

The Civil Judge has found that the defendants have acknowledged the plaintiffs as the proprietors of the land they occupy. The suit has been brought to recover from the defendants the proceeds of the land. These are designated damages, but in fact are rent. But as no paṭṭás and muchalkás have been exchanged between the parties, such a claim, pursuant to section 6 of Regulation XXX of 1802 and section 9 of Regulation V of 1822, is not recoverable at law.

(a) Present Strange and Phillips, J J.

1862.

September 1. 3. 4. No. 504

of 1861.

« PreviousContinue »