Alfred Henry Lionel Leach, C.J.

1. This Letters Patent Appeal raises the important question whether the right of a manager of a joint Hindu family to sell family assets to discharge debts which are payable out of the joint estate devolves on the Official Receiver when the manager has been adjudicated an insolvent under the Provincial Insolvency Act.

2. Two brothers, Ayodhyaramayya and Raghava Rao, were joint in estate. Raghava Rao died in 1923, leaving a son who is the 2nd defendant. After Raghava Raos death Ayodhyaramayya and his nephew continued to be undivided. On the 24th November, 1927, Ayodhyaramayya was adjudicated an insolvent under the Provincial Insolvency Act, On the 12th March, 1931, in order to discharge debts binding on the family the Official Receiver sold to one Saravayya certain family properties, which included the properties in suit. The properties were subject to mortgages and the sale to Saravayya, was, of course, subject to the rights of the mortgagees. The plaintiff purchased the properties in suit from Saravayya. Ayodhyaramayya and the 2nd defendant owed monies to the 1st defendant, who obtained a decree against them. On the 28th January, 1933, the. 1s