SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1979 Supreme(Mad) 71

RAMAPRASADA RAO, RATNAM
Jambagavalli Ammal – Appellant
Versus
Govindaraja Kandiar – Respondent


Advocates:
K. Subramanian, for Appellant; Sridevan, G. Masilamani, R. Balachander and G. Narasimhalu, for Respondents.

Judgement

RAMAPRASADA RAO, C.J. :- This appeal directed against the order of Paul J. who, while setting aside the order of the learned Subordinate Judge of Kumbakonam, directed that the respondents do continue in ion of the properties and held that no case had been made for the appointment of a receiver which would result in the dispossession of the properties from the possession of the respondents. In an elaborate judgement, the learned Subordinate Judge came to the conclusion that, as there were rival claims as to possession of the properties between the appellant, who is rightfully entitled to them under the personal law, and the respondents who claim such a right only through two Wills executed by the husband of the appellant, in order to end the controversy, it would be in the interests of all parties concerned and above all it is just and convenient that the properties are in custodia legis through a receiver appointed by the court. Paul J. held otherwise.

2. One Muthusami died on 19-9-1976, leaving behind him his widow, the appellant, who was the plaintiff in the action. He left behind several properties. The plaintiff's case was that though the properties stood in the name of






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top