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1967 Supreme(Ker) 31

T.C.RAGHAVAN, K.K.MATHEW
KESAVAN – Appellant
Versus
MADHAVI AMMA – Respondent


Judgment :-

1. The Officer Receiver, Kottayam, who was the ninth defendant in the suit, is the appellant; and the contesting respondents are the legal representatives of the second defendant, the wife of the first defendant who was adjudicated insolvent. A suit was brought by the fourth respondent on a dishonoured cheque issued by the first defendant on 17th July 1944. The suit was decreed; and in execution of the decree the suit property, which stood in the name of the second defendant, was sought to be proceeded against, when she laid claim to the property, which was allowed. The fourth respondent then brought the present suit for setting aside the claim order; and since the first defendant was adjudicated insolvent pending suit, the Official Receiver was impleaded as the ninth defendant. In the trial court the second defendant contested the suit claiming that the property was purchased by her with her own funds and therefore, the same should not be proceeded against to realise the debts of the insolvent. The fourth respondent contended, on the other hand that the purchase of the property in the name of the second defendant under Ex. D-3 was benami for the first defendant. The tr









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