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K. N. WANCHOO, M. HIDAYATULLAH, P. B. GAJENDRAGADKAR, V. RAMASWAMI
Yenumula Malludora – Appellant
Versus
Peruri Seetharathnam – Respondent
Judgment
HIDAYATULLAH, J. : On the application of two creditors the appellant Yenumula Mallu Dora has been adjudged insolvent by the Subordinate Judge Kakinada and a receiving order has been passed against him. The respondents before us are one of the petitioning creditors and the legal representatives of the other petitioning creditor who died during these proceedings. The first petitioning creditor held a decree for money which he had obtained in O. S. 67 of 1949. He also held another money decree in O. S. 473 of 1948. The second petitioning creditor held a decree which she had obtained in O. S. 17 of 1955. The application was based upon three acts of insolvency which the appellant was stated to have committed and on the general facts that he was indebted to the tune of Rs. two lakhs, and was unable to pay his debts. The three acts of insolvency alleged against him were (a) evasion of arrest in execution of the money decree in O. S. 67 of 1949; (b) sale of some of his properties on September 26, 1956 in execution arising from O. S. 73 of 1952; and (c) sale of some of his properties on September 19, 1956 in execution of money decree in O. S. 9 of 1950. It was also alleged that he w
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