The Officiating Chief Justice.- This is an appeal from the order of Clark, J., giving directions to the Official Assignee of Madras to execute a sale deed in favour of one Dr. M.A. Hussain of an extent of about 10 grounds comprised in a property known as “Rutland Gate.” The property belonged to one P. Veeraperumal Pillai who had been adjudicated an insolvent in 1926. It was the subject of a mortgage and with the consent of the mortgagee there was an order by the insolvency Court to dispose of it in favour of the appellant for a sum of Rs. 1,60,000. The appellant paid an advance of Rs. 10,000 but defaulted in payment of the balance of consideration. The Official Assignee thereupon applied to Court for an order cancelling the contract of sale in favour of the appellant. An order by consent was passed on this application by Mockett, J., on 14th September, 1938. The Court directed that in spite of the default, the property might be treated as sold to the appellant for a sum of Rs. 1,60,000; and that a part of the property should be sold by the Official Assignee to one S.S. Rajan for a sum of Rs. 61,000. Adjusting the original deposit of Rs. 10,000 already paid by the appellant and a fu

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