Satyanarayana Rao, J.†-

This appeal raises a question under section 43 of the Transfer of Property Act, on which there is conflict of opinion in this Court. Two decisions of this Court, Alamanaya v. Murukuti1 and Vellayyammal v. Palaniandi Ambalam2 have taken a view favourable to the respondents. But a different view was taken in Official Assignee of Madras v. Sampath Naidu3 by a Bench. Madhavan Nair, J., in Sreeramulu v. Somaraju4, followed the earlier decisions and the Allahabad High Court has also accepted the earlier decisions of this Court as laying down the law correctly. There is also a decision of a single Judge Wadsworth, J., in Akkamma v. Ramalinga Reddi1. In view of these conflicting decisions I think it is but proper that this appeal should be heard by a Bench and the papers will be placed before the Honourable the Chief Justice so that he may decide whether this case should be posted before a Bench or even at the outset before a Full Bench as it is essential that the conflict should be resolved once for all.

(Pursuant to the aforesaid Order, this appeal coming on for hearing the Court delivered the following)

Judgments: Satyanarayana Rao, J.-This appeal was referred to a

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