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1937 Supreme(Mad) 399

Venkadari Somappa – Appellant
Versus
The Official Receiver of Bellary – Respondent


JUDGMENT

1. The appeal is against the order of the learned District Judge of Bellary, passed in insolvency declaring void a mortgage executed by the insolvent in favour of the appellant. The Official Receiver attacked this mortgage both under Sections 53 and 54 of the Provincial Insolvency Act. The learned District Judge however declared it void on another ground, namely, that it was completed after the insolvency petition had been presented and after the appellant had come to know of that fact. On the face of it the mortgage-deed was executed on the 5th March, 1933. It was presented for registration on the 27th June in the office of the Sub-Registrar. The mortgagors denied registration and the Sub-Registrar held an enquiry and finally refused to admit the document to registration. On appeal to the District Registrar the latter directed the document to be registered and this was finally done on the 11th December, 1933, under the provisions of Section 75 of the Indian Registration Act (XVI of 1908). Meanwhile on the 28th August, 1933,the mortgagors had presented their insolvency petition and they were adjudicated on the 11th January, 1934. Admittedly the appellant knew of the present





































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