SOMASUNDARAM PILLAI Vs. THE OFFICIAL RECEIVER

JUDGEMENT

(1.) THE petitioner was adjudged an insolvent on 6th August, 1930. He obtained an absolute order of discharge on nth December, 1932, but his property continued in the hands of the Official Receiver for the purpose of satisfying the proved debts rateably. One dividend was declared in March 1944, and has been substantially paid out. The second dividend is pending disbursement. The petitioner moved the Insolvency Court under Section 5 of the Provincial Insolvency Act to stay the disbursement of this dividend, claiming the benefits under Section 21 of the Madras Agriculturists' Relief Act (IV of 1938). Section 21 says:

(2.) If a dividend has not been so declared, this Act shall apply to the debts payable by such person if he would have been an agriculturist within the meaning of this Act but for his adjudication in insolvency.

(3.) THE revision petition is dismissed with costs.