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1933 Supreme(Mad) 39

WALSH
Bala Venkatarama Chetty – Appellant
Versus
Angathayammal – Respondent


JUDGMENT

Walsh, J.

1. The appellant is a creditor of an insolvent. The Official Receiver brought the property of the insolvent to sale and the insolvents wife (respondent l) claimed a certain share in the house. The documents relating to this house show that the insolvents father Krishna Chetty sold it under Ex. P on 26th February 1912 to one Tirumalammal, his sister. Krishna Chetty had three sons one of whom was the insolvent. The others were Ramaswamy Chetty and Kandaswami Chetty. These latter two sons distinctly state in the sale-deed that the house was the self-acquired property of their father in which they had been jointly living and which they had been enjoying. On 29th November 1913 there was a deed of partition, Ex. E, between the father Krishna Chetty and the two brothers of the insolvent Ramaswami Chetty and Kandaswami Chetty. The insolvent does not appear there. There is a statement in the deed that the persons dividing possess no immovable property. On the same day Tirumalammal reconveyed under Ex. G the house to Krishna Chetty and on 9th June 1916 the latter sold a portion of it under Ex. H to his son Kandaswami Chetty, who under Ex. B on 22nd March 1917 mortgaged his p











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