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1922 Supreme(Mad) 176

The Official Assignee Of Madras – Appellant
Versus
Allu N. Ramachandra Aiyar – Respondent


JUDGMENT

1. The Official Assignee in the insolvency of N.B. Baluswami Ayyar and Narasimha Ayyar brought this suit against the minor sons of N.B. Baluswami Ayyar to set aside a deed of partition executed by that insolvent in favour of his minor sons. The learned Judge Kumaraswami Sastry, J. held that the deed was fraudulent and void as against the Official Assignee. The Official Assignee asked for declarations that the interests of the minors in the property should be vested in him and that the possession of all the properties included in the deed should be delivered to him. These declarations were refused and hence this appeal. It has, however, been admitted before us that the declaration that the shares of the sons had vested was rightly refused and the only question remaining for our decision is whether possession ought to have been ordered to be delivered to the Official Assignee.

2. This involves a consideration of the rights of the Official Assignee to joint family property, when the managing member is ajudicated insolvent, for N.B. Baluswami Ayyar was the managing member of a joint Hindu family consisting of himself and his sons and, as such managing member, had control over th





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