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1923 Supreme(Mad) 436

PHILLIPS
Sankaranarayana Pillai – Appellant
Versus
Rajamani Alias Guruswami Nadar – Respondent


JUDGMENT

Phillips, J.

1. The plaintiffs in this suit are the sons of defendants 1 and 2 and in 1912, defendants 1 and 2 and 3rd defendant who were carrying on business together were adjudicated insolvents, and at the same time the plaintiffs who were made parties to the insolvency petition were also adjudicated. The family properties of defendants 1 and 2 were sold by the Official Receiver and now the plaintiffs bring this suit to recover their 4/9ths share in that property on the ground that they were wrongly adjudicated insolvents and that consequently, the sale of their property by the Official Receiver was void as against them.

2. Assuming that the plaintiffs who were then minors were wrongly adjudicated insolvents, the question remains whether the sales effected by the Official Receiver did or did not pass their interest in the family property.

3. The sale is objected to on two grounds, firstly, that the Official Receiver purported to sell the share of the plaintiffs and, not having authority to do so as their adjudication was illegal, the property did not pass; and, secondly, it is contended that the property of the insolvents did not vest in the Official Receiver. The Subordinat















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