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(Peyyett) Gopalam Garu Vs. Adusumilly Gopalakrishnayya Garu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1927Mad342
Appellant(Peyyett) Gopalam Garu
RespondentAdusumilly Gopalakrishnayya Garu
Excerpt:
- 1. neither the district judge nor the official receiver has directed his attention to the real issue, in this matter, viz., whether the insolvent's chief means of livelihood is agriculture. it is not enough that he be an agriculturist, or that he be a trader. the point is which profession forms his chief means of livelihood.2. we set aside the district judge's order and direct him to pass a fresh order in the light of the above remarks. fresh evidence may be given. costs up to date will abide the result.
Judgment:

1. Neither the District Judge nor the Official Receiver has directed his attention to the real issue, in this matter, viz., whether the insolvent's chief means of livelihood is agriculture. It is not enough that he be an agriculturist, or that he be a trader. The point is which profession forms his chief means of livelihood.

2. We set aside the District Judge's order and direct him to pass a fresh order in the light of the above remarks. Fresh evidence may be given. Costs up to date will abide the result.


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