B. BELLI GOWDER Vs. B. GOVINDAN AND ANR.

JUDGEMENT

(1.) THIS revision is directed against the appellate order of the Additional District Judge of Coimbatore in C.M.A. No. 389 of 1968 dismissing an appeal filed by the petitioner against the order passed by the Sub -Court of Ootacamund in. I.A. No. 49 of 1966 refusing to set aside a sale conducted by the Official Receiver of the insolvent's property. The petitioner herein was a lessee of the property which was sold by the Official Receiver. The petitioner filed the above I.A. No. 49 of 1966 on the file of the Sub -Court, Ootacamund, on the ground that the sale conducted by the Official Receiver was vitiated for two reasons (1) that the sale was conducted without notice to him as lessee in possession of the property sold and (2) that there was no sufficient publication so as to attract the highest bid. The Courts below have taken the view that the petitioner herein is not an aggrieved person so as to entitle him to file an application under Section 68 of the Provincial Insolvency Act for setting aside the sale conducted by the Official Receiver of the insolvent's property that as a lessee he is not entitled to any notice of sale and that as such the petition filed by the petitioner for setting aside the sale was not maintainable. In that view, both the Courts have not gone into the merits of the petitioner's other contentions.

(2.) IN this revision, the learned Counsel for the petitioner vehemently contends that his client's application under Section 68 is maintainable, that an application under Section 68 of the Provincial Insolvency Act can be filed either by the insolvent or by any of the creditors or by any other person and that the petitioner herein will come under the expression "any other person.", The learned Counsel for the petitioner states that the petitioner was a lessee of the property and was in possession of the same on the date of sale and that he being the person who is likely to be affected by the sale of the property he should be treated as an aggrieved person for the purpose of Section 68 of the Act.