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Adusumilli Gopalakrishnayya Vs. Peyyeti Gopalam and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1928Mad479(1); (1928)54MLJ674
AppellantAdusumilli Gopalakrishnayya
RespondentPeyyeti Gopalam and ors.
Cases Referred and Balavenkata Seetharama Chettiar v. Official Receiver
- the lower court when ordering.....

1. Only the power of the father to sell the shares of the sons passes to the Official Receiver [Sat Narain v. Behari Lal(1924) LR 52 IA 22 : ILR 6 Lah. 1 : 47 MLJ 857]. But the power is subject to the same qualification as it is in the father's hands, Allahabad Bank, Ltd., Bareilly v. Bhagwan Das Johari I.L.R. (1925) A 343 and Balavenkata Seetharama Chettiar v. Official Receiver, Tanjore : AIR1926Mad994 . In this case the sons' shares have been attached and, after such attachment, the Official Receiver cannot exercise the power of sale. It is true that, in respect of such properties which were sold by the Official Receiver prior to the attachment of the sons' shares by the decree-holder, the above observations do not apply. Except as to such properties, the appellant is entitled to proceed with the execution by selling the sons' shares. He will now be allowed to execute the decree by selling the sons' shares.

2. The appeal is allowed with costs in this Court. The costs in the court below will be provided for by the lower court when ordering execution.

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