BALAKRISHNA AYYAR
M. Narayanaswami Kone – Appellant
Versus
Arigonda Narayanaswami Mudaliar – Respondent
On 5th August, 1947, one Narayanaswami Mudaliar and his younger brother Ramakrishna Mudaliar executed two mortgage deeds one for Rs. 10,000 and the other for Rs. 27,500 in favour of one Sundararaja Iyengar. Both these documents were presented for registration on 19th November, 1947. They were registered so far as one of the mortgagors, Ramakrishna is concerned, on 8th December, 1947 and it was compulsorily registered as regards the other mortgagor Narayanaswami on 17th February, 1948. On 14th April, 1948, that is to say more than three months after the date on which the documents were presented for registration, but less than three months from the date on which the documents were registered as regards Narayanaswami, two creditors filed a petition under section 9 of the Provincial Insolvency Act to adjudicate Narayanaswami, Ramakrishna and three other members of their family as insolvents. This petition was dismissed by the learned Subordinate Judge on the ground that so far as Rama-krishna was concerned the petition has been presented more than three months after the date of the registration of the document. He dismissed the petition so far as Narayanaswami is concerned o
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