T. VIJIARANGA NAIDU AND ANR. Vs. D. NARAYANAPPA

JUDGEMENT

(1.) THIS civil revision petition is against an order of the Full Bench of the Madras Small Cause Court on a new trial application filed by the defendants (petitioners here) against the decision of the Chief Court decreeing a suit for Rs. 650.

(2.) IN 1938 the mortgagee of the property (later sold to the plaintiff) brought a suit on the mortgage and got a decree. The property was brought to sale on 16th January, 1940 and bought by the mortgagee. It was not however confirmed and on 26th February, 1940, after his discharge, the first defendant and his son sold the property to the plaintiff. The plaintiff was willing to pay off the encumbrance and did in fact do so.

(3.) THEN the Official Assignee came on the scene. He filed a petition to set aside the sale because he said the property was still vested in him despite the discharge. The matter came before Chandrasekhara Aiyar, J., who held after investigating the facts that the purchaser of the property, the plaintiff in the subsequent suit, should pay a sum of Rs. 500 to the Official Assignee to be distributed amongst the creditors.