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1926 Supreme(Mad) 246

KRISHNAN
Official Assignee Of Madras – Appellant
Versus
Natesa Gramani – Respondent


JUDGMENT

Krishnan, J.

1. This is an appeal by the Official Assignee against an order passed by my learned brother Waller, J., sitting in the insolvency Court. The appeal refers only to five items of the properties that are in dispute, namely. Items Nos. 1 and 9 to 12. There is no question about the other items before us. The Official Assignee claims that these properties are really properties of the insolvent, Vadivelu Gramani, and as such he is entitled to realise them for the purpose of paying off his creditors. Item No. 1 was purchased in the year 1901 for a sum of Rs. 350 under Ex. VII, and Items Nos. 9 to 12 were purchased in 1896 for a sum of Rs. 475 under Ex. VIII. Exhibit VII is in the name of both Murugammal and her son Vadivelu Gramani, whereas Ex. VIII stands exclusively in the name of Murugammal. Before the Official Assignee can get these properties, the burden is on him to establish the case he has put forward in Court, namely, that these properties really belonged to Vadivelu Gramanis father, Kanniappa Gramani; that they were purchased in the name of his wife and son benami for himself; and that after the death of Kanniappa Gramani, the properties became vested in his s
















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