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1927 Supreme(Mad) 350

V. V. M. K. R. Muthiah Chettiar – Appellant
Versus
Doraiswami Pillai – Respondent


JUDGMENT

1. This appeal arises out of an application made by a petitioning creditor in I. P. 19 of 1910 to set aside the sale of the insolvents properties held by the official receiver. One Solamalai Asari was adjudged an insolvent on 12th July 1911 and on 11th November 1912 nine items of his property were sold to one Virabhadra Konan. At the time of the sale the Court had not passed an order vesting the properties in the official receiver. Accordingly the appellant put in an application M. P. 222 of 1919 to declare the sale already held invalid and to order the official receiver to re-sell the properties after the Court had passed the vesting order. The learned District Munsif agreeing with the contention of the appellant declared that the sale was void and passed an order vesting the properties in the official receiver and directed him to sell the properties again. In appeal it was held that the application of the petitioning creditor was barred by limitation. But the High Court set aside this decision and remanded the case again to the District Court for disposal; the decision by the District Judge is the subject-matter of the appeal before us.

2. The learned District Judge has he




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