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1972 Supreme(Mad) 471

ISMAIL, PALANISWAMY
Rajeswari and Company and Others – Appellant
Versus
Union of India and Others (And Others Petitions) – Respondent


Advocates Appeared: For

Judgment :-

PALANISWAMY J.

The only question that arises for determination in this appeal filed by defendants Nos. 2 to 13 is whether the sales of the suit properties by the first defendant, which is a public limited company, in favour of the second defendant-firm, of which the partners are defendants Nos. 3 to 13, were effected with intent to defeat or delay the Union of India and other creditors of the first defendant-company. The Union of India, represented by the Commissioner of Income-tax, Madras, laid the suit under section 53 of the Transfer of Property Act on its own behalf and on behalf of other creditors, if any, of the first defendant-company for a declaration that the sale deed, exhibit B-1, dated February 27, 1961, in respect of the plaint mentioned immovable properties and the sale of the movables by the first defendant-company in favour of the second defendant-firm were invalid and not operative and not binding on the plaintiff and other creditors of the first defendant-company as having been made to defeat the just claims of the plaintiff and other creditors. It was also prayed that the said transfers may be declared not binding upon the creditors of the first defend

























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