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1934 Supreme(Mad) 242

BEASLEY
Kamsala Narasappa – Appellant
Versus
Hussain Sab – Respondent


JUDGMENT

Beasley, C.J.

1. The question in this second appeal is whether a transfer deed (Ex. B) executed by the Official Receiver of Cuddapah in favour of the appellant required registration. That deed transferred to him promissory-notes, mortgage debts, etc., belonging to an insolvent which had been sold by the Official Receiver in public auction, the appellant being the highest bidder. The sale was subsequently confirmed by the District Court. The District Munsif hold that it did not require registration, but on appeal the District Judge reversed that decision. It is argued here for the appellant that by reason of Section 17(2)(xii), Registration Act the transfer deed is exempted from registration being a certificate of sale granted to the purchaser of property sold by public auction by a civil or Revenue Officer. It is contended that the sale by the Official Receiver was a sale by a civil officer because as it required confirmation of the Court, it was the act of the Court and the Official Receiver as the Courts agent was a civil officer. In our view, that is not a description which can be given to an Official Receiver. Ordinarily he is not a civil officer at all and it is impossi

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