Vere Mockett, Officiating C.J.

1. The appellant is the insolvent. The first respondent is one Chockalingam Chetti, his cousin brother. The second respondent, the Official Assignee of Madras, is formally on the record. The Official Assignee on the 22nd December, 1942, took out an application for directions before the learned Insolvency Judge with regard to the disposition of properties which "according to the insolvent and also to Chockalingam Chetty, represent properties which, under an oral partition, were allotted to the insolvents share" as well as other properties. One of those properties is to be found in item 4 of Schedule A which is a half share in 9 Devathi Pilliar Koil Street, Pulicat. With that house, I am concerned and I will call that house "the Pulicat House." The learned Judge on the 11th January, 1943, directed the Official Assignee to sell the properties in the schedules to the application before him and the Pulicat House was included. The Official Assignee came before the Court with a further application on the 15th April, 1943, and he said in paragraph (c) of his report that with regard to the Pulicat House the insolvent and Chockalingam Chetti were entitle