NANJAPPAN Vs. CAUVERY GOUNDER

JUDGEMENT

(1.) THE above C.M.S.A. is directed against the order passed in C.M.A.No. 10 of 1985, on the file of the learned II Additional District Judge, Salem.

(2.) THE appellant herein was adjudicated as insolvent in I.P.No.3 of 1980. THE properties of the appellant were brought to sale by the Official Receiver, who is the II respondent herein, on the basis of the details given by one of the creditors. After publication of proclamation of sale on 31.3.1981, the second respondent conducted the sale of the properties of the insolvent on 25.8.1981 in which items 1 and 3 of the petition schedule properties were sold. THE first respondent, one of the creditors of the insolvent, was the successful bidder. THE insolvent filed an application in I.A.No. 295 of 1981 for setting aside the sale held by the second respondent. THE lower court dismissed the same on the ground that the petition was barred by limitation. As against the said order, the appellant filed appeal in C.M.A.No.22 of 1983 on the file of the learned District Judge, Salem, who also concurred with the findings of the lower court and dismissed the same. Aggrieved against the same, the appellant has filed the Revision in C.R.P.No. 535 of 1985. THE learned Judge in the order dated 15.2.1988 dismissed that Revision, the order of which has been reported in Nanjappan v. Cauvery Gounder, 1989 (1) M.L.J. 480. Meanwhile, the sale deed was executed on 25.3.1983 and the same was registered on 1.6.1983. It is not in dispute that the document was presented for registration by the second respondent on 25.5.1983 before the Registrar.

(3.) IT will be forcing to apply the said principle while construing the scope of Section 68 of the said Act. Section 59 of the Act enumerates the various duties and powers entrusted to the receiver in connection with the administration of the insolvent's estate. Section 80 of the Act provides delegation of certain other powers to the receivers. Section 68 of the said Act extends to all acts and decisions of the Receiver under both the abovesaid provisions. So the insolvent can get cause of action on the basis of the act or decision of the Official Receiver, to file a petition to set aside the sale.