Skip to content


Official Receiver of South Kanara Vs. Bastiao Souza and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1926Mad836; 95Ind.Cas.300
AppellantOfficial Receiver of South Kanara
RespondentBastiao Souza and ors.
Cases ReferredMariappa Pillai v. Raman Chettiyar
Excerpt:
- 1. there is nothing in the provincial insolvency act or in mariappa pillai v. raman chettiyar [1919] 42 mad. 322, to prevent the creditors and, therefore, the official receiver, from proceeding under section 53 of the transfer of property act if they wish; and the fact that they have another remedy under section 53 of the provincial insolvency act does not deprive them of their right of suit under section 53 of the transfer of property act.2. the appeal must be allowed and the lower court is directed to admit the appeal and hear it.3. costs up to date will abide the result.
Judgment:

1. There is nothing in the Provincial Insolvency Act or in Mariappa Pillai v. Raman Chettiyar [1919] 42 Mad. 322, to prevent the creditors and, therefore, the Official Receiver, from proceeding under Section 53 of the Transfer of Property Act if they wish; and the fact that they have another remedy under Section 53 of the Provincial Insolvency Act does not deprive them of their right of suit under Section 53 of the Transfer of Property Act.

2. The appeal must be allowed and the lower Court is directed to admit the appeal and hear it.

3. Costs up to date will abide the result.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //