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1971 Supreme(Mad) 483

PALANISWAMY
Official Assignee, Madras – Appellant
Versus
Tehmina Dinshaw Tehrani – Respondent


Judgement

JUDGMENT:- The Official Assignee, Madras, has taken out this application by Judge's summons under S.7 of the Presidency Towns Insolvency Act (hereinafter referred to as the Act), to declare that the site at No.3/2-A College Road, Nungambakkam, Madras and the building put up thereon are the sole and exclusive property of Dinshaw K. Tebrani, the second respondent insolvent, that the deed of release dated 27-8-1955 executed by the insolvent in favour of his wife, the first respondent, is sham and nominal and was not intended to confer any title upon the first respondent and that the entire property vests in the Official Assignee and is available for the benefit of the creditors. In the alternative, the Official Assignee has prayed that if it is considered necessary the deed of release may be set aside as fraudulent as against the creditors made with the intention of defeating and delaying the creditors. The Official Assignee has also prayed for delivery of possession of the property. The second respondent, who was engaged in the business of producing cinema films, was adjudged insolvent on his own application on 2-12-1964. He admitted debts to the tune of Rs.3.20,343-58. In t















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