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Abdul Hashim Vs. Amar Krishna Saha - Court Judgment

LegalCrystal Citation
SubjectProperty ;Civil
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal193,(1919)ILR46Cal887,53Ind.Cas.121
AppellantAbdul Hashim
RespondentAmar Krishna Saha
Excerpt:
transfer of property act (iv of 1882), section 54 - insolvency proceedings--transfer by official receivar--conveyance, deed of, whether necessary. - .....what happened is this: part of the interest of the plaintiffs was derived from a purchase from the official receiver appointed under the provisions of the provincial insolvency act. the names of the insolvents were rahim bux, mahomad yakub and abdul rauf, the insolvents being entitled to a 6.annas 9-gundas 1-kara share in the property sued for. the plaintiffs did not procure any conveyance from the official receiver in insolvency. they rested their title on the orders made by the court in its insolvency jurisdiction. it is quite dear that the title of the plaintiffs in the 6-annas 9-gandas 1-kara share requires to be perfected by a proper conveyance executed by the official receiver and duly registered.2. there is nothing to exempt a conveyance by a trustee in bankruptcy or an assignee.....
Judgment:

1. This is an appeal preferred by the defendant No. 4 against the decision of the learned first Subordinate Judge of Chittagong, dated the 31st August 1917. The plaintiffs brought the suit to recover possession of certain lands. What happened is this: Part of the interest of the plaintiffs was derived from a purchase from the Official Receiver appointed under the provisions of the Provincial Insolvency Act. The names of the insolvents were Rahim Bux, Mahomad Yakub and Abdul Rauf, the insolvents being entitled to a 6.annas 9-gundas 1-kara share in the property sued for. The plaintiffs did not procure any conveyance from the Official Receiver in Insolvency. They rested their title on the orders made by the Court in its Insolvency Jurisdiction. It is quite dear that the title of the plaintiffs in the 6-annas 9-gandas 1-kara share requires to be perfected by a proper conveyance executed by the Official Receiver and duly registered.

2. There is nothing to exempt a conveyance by a trustee in bankruptcy or an assignee in insolvency, which in fact the Official Receiver is. The provisions of Section 54 of the Transfer of Property Act require that an instrument of transfer should be made by the Official Receiver in respect of the property which he intends to pass. The objection raised in the appeal is purely a technical one and without any merits. Bat still it is an objection well founded. We, therefore, allow the appeal to the extent of 6 annas 9 gundas 1 kara.

3. The learned Subordinate Judge has found that the plaintiffs took possession of the property in 1811 and that finding has not been challenged at the hearing of this appeal.

4. We make no order as to cost3 of this appeal. The order of the Court below as regards costs will stand as it is.


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