High CourtsDivision Bench(1916) 01 MAD CK 0012

Narayanaswamy Naidu Minor by His Mother And Next Friend Sayamma vs Mathusri Rajai Ramakrishnamba Garu and Another <BR>G. Subbiah Chetty Vs Rajai Venkatamba Garu

Madras High Court · Decided on 20 January 1916 · Citation: 33 Ind. Cas. 83

HON’BLE JUDGES
Sadasiva Aiyar, J · Moore, J

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 168 words
1.

The decree sought to be executed was passed against Rajai Gangamamba personally and there is nothing in the decree to indicate that she was

sued as representing the mahal estate for a debt alleged to be due by that estate. The decision in Manika Vasaka Desikar v. Balagopalakrishna

Chetty 16 M.L.J. 415 and other decisions cited by Mr. C.S. Venkatachariar are, therefore, not in point.

2.

That Gangamamba''s right in the mahal was not an absolute right, that it was not higher than a life-estate (if it amounted to even so much) and

that the estate was not inherited by the 1st respondent as Gangamamba''s heir seem not to have been disputed in the lower Court.

3.

The District Judge was, therefore, right in refusing execution after Gangamamba''s death against lands belonging to the said estate and against

moneys which evidently accrued due to that estate after Gangamamba''s death.

4.

We, therefore, dismiss this Appeal and the connected Appeal against Order No. 10 of 1915 with costs.