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1952 Supreme(Mad) 185

MACK
V. Ramaswami Iyengar – Appellant
Versus
Krishnaveni Ammal – Respondent


Advocates:
T.R. Arunachalam and R. Mathrubhutham for Appellant.
T. Krishna Rao for Respondents.

Judgment.-

Two civil miscellaneous appeals and two civil revision petitions have been filed, it is stated, by way of abundant caution by the third defendant in a suit on a mortgage, although it would appear that he has no longer any right in the subject matter of the litigation. The short facts are these: The first defendant in the suit who was the father of the second and third defendants mortgaged a house to the plaintiff who filed a suit against the father, the two sons and some prior and subsequent mortgagees. A preliminary decree was passed in the suit on 14th March, 1936. The father of the first defendant was then adjudicated an insolvent on 27th December, 1936 and after notice to the Official Receiver, the plaintiff in the suit was appointed Receiver from 22nd January, 1937. The Official Receiver sold the properties subject to the mortgage and it was purchased in auction by one Srinivasan who did not obtain any sale deed from the Official Receiver till 14th December, 1945. The third defendant then in 1947 filed I.A. No. 183 of 1947 and I.A. No. 184 of 1947 with prayers for the removal of the plaintiff from the Receivership and also for the rendition by her of accounts. In th



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