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1931 Supreme(Mad) 186

Sivasami Odayar – Appellant
Versus
C. R. Subramania Aiyar – Respondent


JUDGMENT

1. The appellant in this case is a person who took a lease of an insolvents land from an Official Receiver. The respondent purchased the land in execution of a decree passed against the insolvent and his sons and he sued to recover the value of the crops removed from it by the appellant. The facts and dates are these. The land was attached in execution and proclaimed for sale, the sale being fixed for 30th September, 1920. On 23rd the insolvent applied to be adjudicated and on 28th the Official Receiver was appointed interim receiver. Two days later he moved the Court under Section 52 of the Provincial Insolvency Act to adjourn the sale. He did not, in terms, ask for possession of the land to be delivered to him, but, as he wanted the sale to be adjourned so that he himself might sell, such a request on his part may be implied. The Court refused the adjournment and the sale was conducted. On 23rd October the Receiver asked the Court not to confirm the sale, but his prayer was again refused. On 15th December the insolvent was adjudicated and the Official Receiver proceeded to lease his land to the appellant, after which the respondent obtained symbolical delivery from the Co

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