APPU Vs. KUNHILAKSHMI AMMA

JUDGEMENT

(1.) IN both these matters the orders of the two courts.giving sanction to the appointee in whom property was vested,to sell certain items of property is under attack by Mr.C Unikanda Menon,learned counsel.

(2.) AS it was doubtful as to whether the petitioner 's remedy is by way of a Civil Revision Petition or by way of an appeal,both the CR.P.and the S.A.in the alterna­tive have been filed.

(3.) THE petitioner in the CR.P.who is the appellant in the S.A.was adjudicated an insolvent in I.P.3/51,Subordinate Judge 's Court,Palghat under the provisions of the Provincial Insolvency Act 1920 which was in force in that area.As the petitioner did not apply for discharge within the time specified in the order by the court,the adjudication of the petitioner as an insolvent was annulled by the court on 30th January 1956 under section 43 of the Provincial Insolvency Act.There is no controversy that on annulment under section 43(1)of the Act inasmuch as the provisions of section 37 applied automa­tically,the court passed an order vesting the properties in the Official Receiver as the appointee subject to the con­ditions imposed in the order.