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1947 Supreme(Mad) 339

HORWILL, RAJAMANNAR
Sakhamuri Peraya and others – Appellant
Versus
Nimmaraju Kondayya and others – Respondent


Advocates Appeared:
M.S. Ramachandra Rao for Appellants.
K. Kameswara Rao and B. S. Ramachandra Rao for Respondents.

Horwill, J.-

On 10th August, 1931, the plaintiff in O.S. No. 69 of 1943, hereafter referred to as the plaintiff, and the fifth defendant in O.S. No. 69 of 1943, hereafter referred to as the fifth defendant, executed a sale deed, Ex. D-3, for Rs. 8000 in favour of the first defendant (in O.S. No. 69 of 1943). Rs. 1100 were paid in cash, and the remaining Rs. 6,900 were to be paid before the Sub-Registrar at the time of the registration. As the plaintiff and the fifth defendant were not willing to have the document registered, the first defendant on 24th November, 1931, presented the document before the Sub-Registrar for compulsory registration. It was subsequently registered on 1st December, 1931. In the meanwhile, on 18th November, 1931, I.P. No. 119 of 1931, was filed by a creditor to adjudicate the fifth defendant an insolvent. He was so adjudged on 3rd September, 1932. Proceedings were then instituted by the Official Receiver to have the alienation evidenced by Ex. D-3 set aside. It was declared void against the Official Receiver under section 53 of the Provincial Insolvency Act by the Subordinate Judge, but in appeal to the District Judge the sale was set aside under section 4 o























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