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1953 Supreme(Mad) 136

MACK
Veeraraghavamma – Appellant
Versus
Padmaraju – Respondent


Advocates:
K. Umamaheswaram, C.S. Prasada Rao and K. Ramamurthi for Appellant.
K. Venkataramana, M. Natesan, D. Narasaraju and K.R. Krishnamurthi for Respondent.

Judgment.-

The appellants are three alienees from the insolvents. Their alienations have been set aside by the learned District Judge of East Godavari as fraudulent preferences under section 54 of the Provincial Insolvency Act, on applications filed by a decree-holder creditor, admittedly to the tune of about Rs.30,000. The Official Receiver declined to move the Court to set aside the alienations, and the petitioner had no option but to apply to the Insolvency Court. There were altogether six alienations set aside by the learned District Judge on six different applications filed, in a common order.

The insolvents were adjudicated on 27th January, 1947, on a creditor’s application filed on 5th November, 1945.

C.M.A.No.234 of 1950 is now of academic interest. The alienee was a lessee from the insolvents for a period of five years of a rice mill for a rent of Rs.100 a month The date of the lease was 15th August, 1945 and it was registered on 27th October 1945. The period of lease expired shortly after this appeal was filed. It is common ground that the Official Receiver has taken possession of the mill. Mr. Ramamurthi, in the circumstances, for the alienee who is also a transferee from t









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