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1933 Supreme(Mad) 263

BARDSWELL
Nidamanuri Satyamma – Appellant
Versus
Official Receiver – Respondent


JUDGMENT

Bardswell, J.

1. The appeal is by the plaintiff. She sued for a declaration of her title to one-eighteenth share in a rice and oil-mill at Bezwada. Her case is that she contributed money towards the share, that the money was first credited in the name of defendant 2 and afterwards in the name of defendant 1. Defendant 3 is the husband of her sister and defendant 1 is his brother and she says, that as these two defendants are her relations her share was nominally standing in their names, but that on 26th April 1924 she got a release deed from them in respect of her share. Defendants 3 and 4 who are creditors of defendant 2 brought I.P. No. 2 of 1924 of the Sub-Court, Bezwada, to have defendants 1 and 2 adjudicated insolvents. In the end only defendant 2 was declared insolvent and it was held that the release deed, Ex. A was invalid and that defendant 2s estate vested in defendant 5 who is the Official Receiver, Kistna District. The District Munsif decreed the suit in favour of the plaintiff, but on the appeal by the Official Receiver the decree was reversed and the suit was dismissed. The matter is now only one between the plaintiff and the Official Receiver as the suit was g





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