P THANGARAJU PILLAI Vs. PERIASWAMY PILLAI

JUDGEMENT

(1.) THIS revision is brought before this Court under section 75 (1) of the Provincial Insolvency Act, 1920 by the debtor who filed an application under section 10 of that Act for adjudicating himself as an insolvent. His petition was dismissed by the learned District Munsif, Kulithalai, that decision was confirmed in appeal by the learned District Judge, Tiruchirapalli.

(2.) IN his petition filed under section 10 of the Act, the petitioner stated that he owed debts to the extent of Rs. 3,750 to respondents 1 to 6 and that respondents 1 to 3 had filed execution petition for his arrest for the realisation of the decree debt due to them. He further stated that the total value of the assets owned by him, amounted to only Rs. 250. Respondents 1 to 3, who are the petitioner's sons, opposed the application. They alleged that the debts set out in the schedule to the petitioner's application, included certain fictitious items. They further stated that the petitioner owns lands of an extent of 45 cents worth Rs. 5,000 and that this item of property would be enough to discharge the debts. They also referred to Maligai business carried on by the petitioner which, according to them, would yield Rs. 200 per mensem by way of earnings.

(3.) THE respondents also filed Exhibit B-2 the certified copy of a decree in O. S. No. 164 of 1965, on the file of the Sub-Court, Tiruchy. THE decree was obtained by respondents 1 to 3 and their mother as against the petitioner herein. This decree was relied on to show that the petitioner had some share in the properties set out in the said decree.