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1939 Supreme(Mad) 127

SOMAYYA
Govada Balabharathi Co-operative Credit Society, represented by its President, T. Suryanarayana – Appellant
Versus
Alapati Venkatakrishnayya – Respondent


JUDGMENT

Somayya, J.

1. Balabharathi Co-operative Credit Society of Govada had to get some money from one Ramatulasamma. The society, proceeded under Section 51 of the Madras Co-operative Societies Act of 1932 to recover the dues and an award was passed directing payment of the sum due. The award was being executed against the property of the debtor. At that stage, another creditor of the debtor who is the first respondent in this Civil Revision Petition filed I.P. No. 105 of 1934 to adjudicate Ramatulasamma as an insolvent and applied for the appointment of a receiver under Section 20 of the Provincial Insolvency Act. The Subordinate Judge before whom the application was made rejected the application holding that the Co-operative Credit Society had a first charge upon the entire estate of the debtor. The matter was taken up on appeal, and the Districts Judge held that the Co-operative Society had no prior charge over the general estate of the debtor and that the prior charge refers only to the interest of the member in the share capital of the Society. By the time the appeal was decided by the District Judge, the properties of Ramatulasamma had been sold by the Sale Officer under Ru
















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