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1954 Supreme(Mad) 279

P.V.RAJAMANNAR, RAJAGOPALA AYYANGAR
Chennappa Chetty – Appellant
Versus
The Official Receiver, Salem – Respondent


Advocates:
N.R. Raghavachari for Petitioner.
V.C. Veeraraghavan and N.C. Srinivasan for Respondents.

Rajagopala Aiyangar, J.-

There was a joint family consisting of a father and two sons. The father had incurred debts and was adjudicated an insolvent on a creditor’s petition filed on nth March, 1946. On 12th February, 1946, the insolvent had executed in favour of one Chennappa Chetti a deed of sale of all the lands belonging to him. This deed was executed by the insolvent on his own behalf and as the guardian of his two minor Sons for a consideration of Rs.3,000. The consideration for this sale was made up in part of amounts due to the vendee himself" under two antecedent mortgage-deeds, and in part of amounts due to him and his deceased elder brother on promissory notes.

After the adjudication, the Official Receiver filed a petition to set aside the sale-deed, dated 12th February, 1946, under sections 53 and 54 of the Provincial Insolvency Act. The learned Subordinate Judge came to the conclusion on a review of the evidence that the vendee had not purchased the property in "good faith and for valuable consideration" and, that it was clear that the object of the insolvent in executing the sale was with a view to giving the vendee a preference over other creditors without any pressur













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