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1950 Supreme(Mad) 292

P.V.RAJAMANNAR, VISWANATHA SASTRI
Mallampati Kondayya. – Appellant
Versus
The Official Receiver, Nellore. – Respondent


Advocates:
M.S. Ramachandra Rao for Appellant.
K. Krishnamurthi for Respondent.
T. Lakshmiah and K. Srinivasamurthi for Appellant.
M.S. Ramachandra Rao, M. Krishna Rao and V. Parthasarathi for Respondents.

Viswanatha Sastri, J.-These five appeals under Clause 15 of the Letters Patent arise out of orders passed in the course of an insolvency petition I.P.No.3 of 1949 on the file of the Court of the Subordinate Judge, Nellore. One China Kondiah was adjudicated an insolvent in I.P.No.3 of 1949 on 12th October, 1949 on a creditors’ petition. The Official Receiver of Nellore filed I.A.No.208 of 1950 in I.P.No.3 of 1949 for a declaration that an assignment of the insolvent’s rights under a timber contract made by him in favour of his brothers-in-law was collusive, nominal and devoid of consideration and that the insolvent retained the benefit of the said contract. He also applied for an order setting aside the assignment and for being put in possession of the timber which was the subject-matter of the contract. The Official Receiver also filed another application I.A.No.209 of 1950 for taking possession of logs of timber alleged to have been cut and transported by the assignees from the insolvent but which really belonged to the insolvent. The learned Subordinate Judge appointed an advocate of Rajahmundry as a Commissioner to take possession of the logs of timber claimed to belong to the i









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