YOOSUF MAULVI Vs. OFFICIAL ASSIGNEE

JUDGEMENT

(1.) ON a petition which he himself filed, M. Mohideen, was adjudged insolvent on 24-3-1955. During his examination before the learned Deputy Official Assignee, the insolvent stated that he had purchased a piece of vacant land, No. 29-B, Fakir sahib Street, Royapuram, for Rs. 600, that he had put up a superstructure thereon costing Rs. 4,000, and that on 27-2-1954 he had sold the property to one mrs. Agnes Sebastian for Rs. 4,000.

(2.) ON 5-5-1955 one Yoosuf Moulvi who had obtained a decree against the insolvent in S. C. S. No. 2989 of 1954 for a sum of about Rs. 1,500 took out an application for a direction to the insolvent to render an account of the moneys in his hands on the date of his insolvency. The case of the applicant was that even on the admission of the insolvent he should have had in his hands a sum of Rs. 2,100 out of the sale consideration Rs. 4,000. The learned Official Assignee filed a report in which he stated that as there was no money to the credit of the estate it was not possible for him to take out an application against the insolvent's wife and also against the insolvent for rendition of accounts.

(3.) THE insolvent filed a counter in which he stated inter alia that as his creditors put pressure upon him he sold the house and used the money he thus obtained to discharge various debts of his. The allegation that he had on hand Rs. 2,100 is not at all true.