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1939 Supreme(Mad) 391

ALFRED HENRY LIONEL LEACH
P. R. S. A. R. Periakaruppan Chettiar – Appellant
Versus
P. S. A. R. A. R. Arunachalam Chettiar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. These six Civil Revision Petitions deal with three different matters arising out of the adjudication in insolvency of one Palani Goundan and his son Kandaswarai Goundan by the Subordinate Judge of Coimbatore, but they may all be conveniently dealt with in one judgment. Ihe order of adjudication was passed on the 26th September, 1928, on a petition filed by P.S.A.R.A.R. Arunachalam Chettiar who alleged that the insolvents had fraudulently preferred another Chettiar, Somasundaram by name, by executing in his favour on the 2nd June, 19-7, a mortgage of immovable property. The insolvents did not enter an appearance and the order of adjudication was passed without opposition. On the 14th October, 1929, the petitioning creditor applied to the Court for an order under the provisions of Section 54 of the Provincial Insolvency Act setting aside the mortgage in favour of Somasundaram. The Subordinate Judge held that the fraudulent preference alleged had been established and set. aside the transaction. An appeal followed to the District Judge of Coimbatore, who allowed it. The petitioning creditor then asked this Court to restore the order of the Subo



















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