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Purushothama Naidu Vs. S.N. Ramaswami Iyer - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad245
AppellantPurushothama Naidu
RespondentS.N. Ramaswami Iyer
Excerpt:
- 1. respondent (official receiver) does not appear. we cannot support the order of the learned district judge. when the official receiver came into the case, there was only the equity of redemption, which could be vested in him. if he claimed more, it was his business to prove that he was entitled to more. as there is nothing to show that that he claimed more, we must allow appellant the value of his secured debt which is the only secured debt in the schedule. appellant's claim must be met by the official receiver, out of the acquisition money, into which appellant's security has been converted.2. we reverse the order of the district judge and direct accordingly. there will be no order as to costs,
Judgment:

1. Respondent (Official Receiver) does not appear. We cannot support the order of the learned District Judge. When the Official Receiver came into the case, there was only the equity of redemption, which could be vested in him. If he claimed more, it was his business to prove that he was entitled to more. As there is nothing to show that that he claimed more, we must allow appellant the value of his secured debt which is the only secured debt in the schedule. Appellant's claim must be met by the Official Receiver, out of the acquisition money, into which appellant's security has been converted.

2. We reverse the order of the District Judge and direct accordingly. There will be no order as to costs,


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