M.M.P.L. Palaniappa Chettiar Estate Represented By First Executor, Chokkalingam Chettiar Vs. V.N.S. Ramaswami Naidu And Others On 10 August, 1945

Q: Q. What are the equivalent citations for M.M.P.L. Palaniappa Chettiar Estate Represented By First Executor, Chokkalingam Chettiar vs V.N.S. Ramaswami Naidu and Others ?

The equivalence citation are1945 MWN 722 ; AIR 1946 MAD 58 ; (1945) 2 MLJ 410 ; LQ/MadHC/1945/227 ;

Q: Q. What was the bench assigned for the case M.M.P.L. Palaniappa Chettiar Estate Represented By First Executor, Chokkalingam Chettiar vs V.N.S. Ramaswami Naidu and Others?

HONBLE MR. JUSTICE WADSWORTH , HONBLE MR. JUSTICE PATANJALI SASTRI

Open iDraf

M.m.p.l. Palaniappa Chettiar Estate Represented By First Executor, Chokkalingam Chettiar v. V.n.s. Ramaswami Naidu And Others

M.m.p.l. Palaniappa Chettiar Estate Represented By First Executor, Chokkalingam Chettiar
v.
V.n.s. Ramaswami Naidu And Others

(High Court Of Judicature At Madras)

Appeal No. 350 Of 1944 | 10-08-1945

(Prayer: Appeal (disposed of on 10-8-1945) against the decree of the Court of the Subordinate Judge, Mayavaram in O.S. No. 29 of 1943.)

It seems to us that the question of the assessment of the estate is a matter of no relevance for determining the right to relief under Madras Act IV of 1938. The estate is not a person and if it is not a person, it cannot be an agriculturist by the terms of the definition in S. 3 of the Act. We are not here concerned with the question of a claim by beneficiaries under a trust to relief under the Act in respect liabilities imposed on them through the trustee. Nor are we concerned with a decree against the executors personally. The decree is only against the estate in the hands of the executors and there is no provision of the Act under which such an impersonal entity as an estate can claim relief. In fact the estate is a charitable estate and would seem to be expressly excluded by the terms of S. 3(1) of the Act. The appeal is dismissed with costs of respondents 1 to 3.

Advocates List

For the Appellant R. Rangachari, Advocate. For the Respondents Messrs. K.V. Ramachandra Ayyar, T.R. Ramachandran, Advocates.

Bench List

HON'BLE MR. JUSTICE WADSWORTH

HON'BLE MR. JUSTICE PATANJALI SASTRI

Eq Citation

1945 MWN 722

AIR 1946 MAD 58

(1945) 2 MLJ 410

LQ/MadHC/1945/227

HeadNote

Trusts and Trustees — Charitable trust — Relief under Madras Agriculturists Relief Act, 1938 (Act IV of 1938) — Beneficiaries of trust not entitled to — Madras Agriculturists Relief Act, 1938 (4 of 1938), S. 3(1)