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1950 Supreme(Bom) 24

CHAGLA, SHAH
Raoji Bapuchand Pendharkar – Appellant
Versus
K. L. Bavachekar – Respondent


Advocates:
T.N. Walawakar - for Appellant. M.G. Chitale - for Respondent.

Judgement

CHAGLA, C.J. :- The few facts which give rise to this Letters Patent appeal may be briefly stated. One Hirachand Gandhi was adjudicated insolvent on 25th June 1927. He had sold a property on 26th May 1923, to one Paraswar and Paraswar in his turn sold the property to the appellant on 27th July 1923. The alienation by the insolvent in favour of the appellant was set aside by the Insolvency Court on 17th June 1931. An appeal was preferred to the District Court and the appeal was dismissed on 11th April 1932. There was a second appeal to the High Court which was also dismissed on 22nd February 1935. The receiver obtained possession of the property on 29th October 1933, and on 23rd March 1936, he made an application for mesne profits. The Insolvency Court awarded to him mesne profits from the date when the appellant was in possession, viz., 27th July 1923, till the receiver went into possession, and that amount came to Rs. 3,155. From this order an appeal was preferred to the District Court and that appeal was dismissed. The second appeal came before Bavdekar, J., who took the same view as the two Courts below, and thereupon he dismissed the appeal. Then on an application made






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