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1956 Supreme(Mad) 383

RAJAMANNAR, PANCHAPAKESA AYYAR
Mohamed Zackeria, firm – Appellant
Versus
V. Srinivas and Co. – Respondent


Advocates Appeared:
P. Jayachandra Naidu for Appellants; E.R. Krishanan, V. Nagarajan and Official Assignee, for Respondents.

Judgement

PANCHAPAKESA AYYAR, J. :- This is an appeal against the order of Balakrishna Ayyar, J., adjudicating the appellant, Mohamed Zackeria firm, by sole proprietor Mohamed Zackeria, insolvent under the Presidency Towns Insolvency Act as he did not pay the debt of about Rs. 3000 due to the first respondent, V. Srinivasan and Co., on dealings, despite the attachment of his house in Madras remaining in force for 21 days.

The appellant had urged before Balakrishna Ayyar, J., that he was worth nearly a lakh of rupees and that his debts did not amount to even one-fourth of that amount, and that it would be improper to adjudicate him insolvent when he could easily pay off all his debts. He had represented that he had Rs. 80,000 worth of property in Vaniyambadi, in the shape of a house and tannery, and some movable property besides. Balakrishna Ayyar, J., was not impressed by this argument.

Not only the debt of Rs. 3,000 due to the first respondent, but also a small decree debt of Rs. 400, had remained unpaid though four years had passed. The appellant also urged before Balakrishna Ayyar, J., two other arguments. The first was that he could not be adjudicated insolvent in Madras as he and

















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