Govinda Menon, J.-The third defendant is the appellant in this Second Appeal which arises out of an application by the plaintiffs for the passing of a final decree in O.S. No. 64 of 1943 on the file of the District Munsif’s Court, Sankaridrug, at -Salem. The facts which have given rise to this litigation are as follows. In the insolvency of the first defendant, the Official Receiver sold the rights in the disputed properties belonging to the joint family consisting of the first defendant and the plaintiffs to the second defendant in 1936 and 1939. By these purchases, in May, 1939, the second defendant became the owner of the entire rights of the joint family of the plaintiffs and the first defendant. The second defendant later on assigned his rights to the third defendant.

While matters were in this state, there was a Full Bench decision of this Court reported in Ramasastrulu v. Balakrishna Rao1 , dated 28th July, 1942, by which it was held that the right of a manager of a joint Hindu family to sell the family assets as the right of the father to sell the son’s share for debts which are neither illegal nor immoral do not vest in the Official Receiver. If that decision laid down the

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