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1942 Supreme(Mad) 261

MOCKETT
Angadi Masumayya – Appellant
Versus
The Official Receiver – Respondent


JUDGMENT

Mockett, J.

1. The appellant is the insolvent in I.P. No. 44 of 1931 in the Court of the District Judge of Kurnool. He holds what are described as the Masjid service inam lands granted for doing service in Gaffar Sab Mosque in Gaduthamadugu. He alleges in his petition, the subject-matter of this appeal, that he is doing the service and that he has a right to enjoy the lands. The Official Receiver had claimed that the right to let the lands is vested in him. The petitioner contends that he was entitled to delivery of possession of the lands concerned which "by mistake" had been delivered to the Official Receiver. According to the Official Receiver since 1931 he had been in possession in the sense that he had been letting out these lands to Mohammadan cultivators and he states that there is no complaint that the service was not rendered in the mosque till now. The learned Judge refused the application of the appellant and the possession of the lands remained with the Official Receiver.

2. The insolvent appeals against that order. He has been represented before us by counsel, but the Official Receiver has not appeared. The argument as put by the learned Counsel for the appellant






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