OFFICIAL RECEIVER DISTRICT COURT KOTTAYAM Vs. THOMMA

JUDGEMENT

(1.) THIS appeal relates to two Civil Miscellaneous Petitions Nos.1603 and 1605 of 1122,filed by the Official Receiver before the District Court of Kottayam. The petitions were for the annulment of two voluntary transfers under S.53 of the Travancore Insolvency Act,1108.

(2.) THE section reads as follows: Any transfer of property not being - (i)a transfer made before,or at,and in consideration of,marriage,or (ii)a transfer made to,or for,the wife or and children of the transferor of properly that has accrued to the transferor in consideration of the marriage or in right of his wife,or (iii)a transfer made in favour of a purchaser or encumbrancer in good faith, and for valuable consideration, shall,if the transferor is adjudged insolvent within two year after the date of the transfer,be voidable against the receiver,and may be annulled by the Court ;.

(3.) THE document sought to be annulled in C.M.P.No.1605 of 1122 is Ext.B dated 2 -1 -1118.It was registered on 25 -3 -1118.The petition for adjudication was filed on.19 -7 -1119.The order of adjudication followed on 16 -7 -1120.