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1957 Supreme(Mad) 24

PANCHAPAKESA AYYAR
Official Receiver of Salem – Appellant
Versus
Chinna Goundan – Respondent


Advocates:
C. S. Swaminathan for Petitioner.
N. S. Raghavan for Respondents.

Judgment

This is a petition by the Official Receiver, Salem, to revise and set aside the order of the District Judge, Salem, in C.M.A. No. 32 of 1954, setting aside the order of the Subordinate Judge, Salem, allowing the petitioner’s petition under sections 4 and 53 of the Provincial Insolvency Act and setting aside the alienation by the insolvent in favour of the first respondent, Chinna Gounden, for Rs. 200. I have perused the entire records and heard the learned counsel on all sides. The facts are briefly these. The insolvent had a right, under an agreement dated 9th February, 1949, to purchase certain properties, mentioned in Exhibit A-6, within two years from that date, and, of course, the consequent right to enforce the agreement within three years from 9th February, 1951, the expiry date. He conveyed his rights under the agreement to the first respondent for Rs. 200 on 15th November, 1950. The Official Receiver filed a petition under sections 4 and 53 of the Provincial Insolvency Act on 13th March, 1953, to set aside that alienation. The learned Subordinate Judge overruled the contention urged by the first respondent that the petition was barred by limitation, and quite right





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