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...Kanakarathanammal v. V.S Loganath Mudaliar, AIR 1965 SC 271, the view taken by the Courts below must be held to be an erroneous one an...decision of the Supreme Court in Kanakarathanammal's case, AIR 1965 SC 271, governs the facts of the present case. The suit property originally belonged to one Basavva who died on 28-8-1960...Supreme Court in AIR 1965 SC 271. The decision of the Supreme Court does not refer to the decisions cited by me earlier. Therefore, it is clear that those decisions are not specifically...
...contended that the suit as now brought without impleading the other co-sharers is not maintainable. The Supreme Court has in Kanakarathanammal v. Loganath Mudaliar, AIR 1965 SC 271...is maintainable and the decision of the Supreme Court in Kanakarathanammal's case AIR 1965 SC 271 was distinguishable. His Lordship held that if a suit is brought by one of the co..., repudiating the claim of the other co-sharers. Hence, the dictum laid down by the Supreme Court in Kanakarathanammal's case AIR 1965 SC 271 applies to the facts of the present case. I...
...-owner against a trespasser without im-pleading other co-owners was not maintainable. It is therefore necessary to turn to the decision of the Supreme Court in AIR 1965 SC 271 (supra...clear that in
AIR 1965 SC 271 (supra) the plaintiff while repudiating the title of other co-heirs claimed exclusive title in herself. It was not a simple suit for eviction against a...rights of other co-owners if any cannot be held to be incompetent. The decision of' the Supreme Court in
AIR 1965 SC 271 (supra) was construed by Hegde, J. (as he then was) in...
...ground of limitation. Reliance in this regard was placed by the High Court in Kanakarathanammal v. V.S Loganatha Mudaliar AIR 1965 SC 271..... V.S Loganatha Mudaliar AIR 1965 SC 271 in the facts and circumstances of the case and in view of the discussions made hereinabove.17. For the reasons aforesaid...Mohd. Ismail Saheb AIR 1966 SC 792 this Court in para 14 observed as follows: (AIR p. 796...
...
Kanakarathanammal Versus V.S. Loganatha Mudaliar and another, AIR 1965 SC
271, held that under Order 1 Rule 9 C.P.C. no suit shall be...
...principles are applicables to Muslims also. Reliance was placed in the case by Gujrat High Court in AIR 1965 SC. 271 (Kanakarathanammal, appallant -Vs- Jagannatha Mudaliar and another...1965 SC 271 (Supra) shall apply to the Mohamedans in a suit for partition. It is not only applicable to Hindu Coparcenary but Muslims also. Under the Mohammedan Law the heirs of a deceased...against whom the relier is sought, and in whose absence mo effective decision can be rendered by the Court" The next case is AIR 1990 SC. 185. That also was a decision on the writ...
.... Loganatha Mudaliar, AIR 1965 SC 271. In paragraph 9 of the said reported judgment, the point in question has been dealt with. It was a common ground that the appellant there had...these laws. To illustrate, I would take the facts of the case of Kanakarathanammal (AIR 1965 SC 271) (supra). There, the mother's estate was the subject matter of litigation. The married...in the case of Mt. Zabaishi Begam v. Naziruddin Khan AIR 1935 All 110 and the other is the judgment of the Rajasthan High Court in the...
..., for which reliance is placed on the decisions in Kenakarathanammal v. Loganatha, AIR 1965 SC 271, Rajabibi v. Ammerali, AIR 1974 Karnataka 115, and...submitted that the decision of the Surpeme Court in Kanakarathanammal's case, AIR 1965 SC 271 holds otherwise for which the observations in paragraph 15 of the judgment are relied on...Aswini Kumar Roy v. Kshitish Chandra Sen Gupta, AIR 1971 Calcutta 252.9. There is a long line of decision taking the view...
...Kanakarathanammal v. V.S Loganatha Mudaliar AIR 1965 SC 271, (1964) 6 SCR 1 wherein this Court had an occasion to deal with the quest...observed by the Judicial Committee, in Sura Lakshmiah Chetty v. Kothandarama Pillai (1924-25) 52 IA 286, AIR...that the property was purchased by his wife, this Court, upon taking into consideration the provisions of the Mysore Hindu Law Women's Rights Act, 1933 (10 of 1933), opined: (AIR p...
.... The Board's attention was drawn to AIR 1965 SC 271 and to 1965 BLJR ??? (sic) in this connection. But whether the purchase of land by a wife was a benami transaction on the part of...Mudaliar, AIR 1965 SC 271, and to the case of Hazaribagh M.M Co. Ltd. v. Mrs. A. Kapoor*, AIR 1952 Pat 61..., mentioning that Srimati Urmila Devi, respondent No. 3 of this Court, had transferred 5 kathas 12 dhurs of land, described in schedule 1 of this application, by a sale deed registered on the 30th March, 1965...
.... (AIR 1965 SC 271) wherein the application filed to add the necessary party at the late stage was rejected.
8. In the case of Kanakarathanammal (supra), the Apex...
...Court in KANAKARATHANAMMAL VS. V.S.LOGANATHA MUDALIAR AND ANOTHER (AIR 1965 SC 271). It is noticed that the decision...
.... 88) and Kanakarathanammal v. Loganatha, (AIR 1965 SC 271) for the proposition that the burden to prove benami is on the party who asserts a transaction to be a benami one...the revision. Counsel's main contentions are two-fold. Reliance has been placed on Gangadara Ayyar v. Subramania, (AIR 1949 F. C...
...petitioners has also referred to the case of kankarathanammal v. V. S. Loganaih muddier, air 1965 sc 271 and to the case of hazaribagh mica mining co. Ltd. V. Ashalata...bench of this court in the case'of ramjiwan singh and others v. The state of bihar and others, (air 1970 patna 253). The following observations of hon'ble u. N. Sinha, j. (as he then was...kapoor, air 1952 pat 61 urging that when the husbands had not proved that they were, in fact, the purchasers of the disputed lands, the...
...to be placed in this regard on the decisions reported in Kanakarathanammal v. V.S Loganatha Mudaliar AIR 1965 SC 271, (...State Of Punjab v. Nathu Ram . AIR 1962 SC 89...Ram Sarup v. Munshi AIR 1963 SC 553...
...liable to be dismissed on noticing this defect.6. Reliance is placed by learned Advocate Mr. Deshpande on para 9 of the judgment of the Supreme Court, reported in AIR 1965 SC 271, Kanakarathanammal...
.... Reliance in this regard was placed by the High Court in the case of Kanakarathanammal Vs. Loganatha Mudaliar and another [AIR 1965 SC ...Kanakarathanammal Vs. Loganatha Mudaliar and another [AIR 1965 SC 271] in the facts and circumstances of the case and in view of the d...viz., Manaklal and Motilal. In the case of N.K. Mohd. Sulaiman Sahib Vs. N.C. Mohd. Ismail Saheb and others [AIR 1966 SC 792], this...
...relied on Kanakarathanammal Vs. V.S. Loganatha Mudaliar and another, (1964) 6 SCR 1 AIR 1965 SC 271, upon para 333 of Mullah-Hindu...Vs. V.S. Loganatha Mudaliar and another, (1964) 6 SCR 1 AIR 1965 SC 271, para 333 of Mullah-Hindu Law, para-358, 360 and 361 of N.R. Raghavachariar's Hindu Law Principles...
...possession of another co-owner.”15. Before his Lordship a decision of their Lordships of the Supreme Court was pressed, reported in AIR 1965 SC 271, and the learned...contention and explained the Supreme Court decision in his own way. So we are brought to the Supreme Court decision reported in AIR 1965 SC 271. That, judgment was delivered by his Lordship...(AIR 1965 SC 271) and the principle enunciated by their Lordships, even if obiter dicta but not so, shall be binding on us and with respect I bow down to that decision of their...
...Mudaliar . AIR 1965 SC 271.. This, however, need not detain one for long. A bare perusal of the judgment would show that the point herein was not even remotely raised.... Relu . AIR 1933 Lah 999., Vinod Sugar v. Vishnubhai Shankar Kakobhai . AIR 1947 Lah 388.... Raghbir Singh . 1982 P.L.J 76., Ram Niranjan Dass v. Loknath Mandal . AIR...