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1942 Supreme(Mad) 148

ABDUR RAHMAN
Dasari Murugappa Mudali – Appellant
Versus
The Official Receiver – Respondent


JUDGMENT

Abdur Rahman, J.

1. Six alienations were effected by one Nagappa for himself and as guardian of his minor son Subramaniam, his minor brother Srinivasa Mudali, his minor cousin Govindaswami Mudali and by his adult brother Elumalai (who were all members of a joint Hindu family) in August, 1932 (Ex. VIII and Ex. IX), in March, 1933 (Ex. VI) and in May/1933 (Ex. IV, Ex. V and Ex. VII). Out of these, the alienations covered by Ex. VIII and Ex. IX are substantial The consideration for the transaction embodied in Ex. VIII is stated to be . Rs. 22,500 and for the one contained in Ex. IX a sum of Rs. 6,000. Nagappa" was adjudicated insolvent on a creditors petition presented on the 21st June 1933. Six applications were made by the Official Receiver, Chittoor to annul these alienations. He asked for these sale-deeds to be set aside both on the ground that they were nominal transactions, (not being transfers for consideration and in good faith) and on the ground that they fell, in any case, within the mischief of Section 54 of the Provincial Insolvency Act, as they were brought about with the object of giving fraudulent preference to the alienees who were closely related to the insolve
























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