JUDGMENT

Sulaiman, Ag. C.J.

1. This is an appeal by the Official Receiver from an order of the insolvency Court refusing to set aside a sale dated 4th October 1926. It has now been finally settled by the pronouncement of their Lordships of the Privy Council, in the case of the Official Receiver v. P.L.K.M.E.M. Chettiar Firm (1) that the burden of proof is upon the receiver to show that the transfer sought to be impugned had not been made in good faith and for full consideration. In the present case the sale deed was ostensibly for Rs. 1,500 out of which Rs. 500 were set forth against an amount due on a usufructuary mortgage in favour of the vendee's son, Rs. 500 were to be paid to one Shahzade Lai said to be due on a promissory note dated 5th September 1926, Rs. 450 wore to be paid to Kishore Lai on a promissory note dated 2nd May 1926 and Rs. 50 were paid in cash before the Sub-Registrar. The vendee led evidence to prove the due execution of the mortgage deed and the promissory notes, and the attesting witnesses showed the passing of consideration. As pointed out by the learned Judge there was no evidence whatsoever on the side of the receiver to contradict the statements of the wit