M K DHARMALINGAM Vs. OFFICIAL RECEIVER TIRUCHIRAPALLI

JUDGEMENT

(1.) THESE three revisions are against the order in CM.A. Nos. 42 of 1988, 43 of 1988 and 44 of 1988 on the file of the Additional District Judge, Trichy, which in turn reversed the order in LA. No 123 and 124 of 1984 in LP. No. 1 of 1977 and LA. No. 133 of 1982 in LP. No. 5 of 1982 on the file of the Insolvency Court (Sub - Judge), Karur.

(2.) THE revision petitioners in the first revision are the assignees of a mortgage which mortgage was executed by the insolvent in favour of the assignor. THE revision petitioner in the second revision and the third revision is one and the same and he is the purchaser of that property from the insolvent. In LP. No. 1 of 1977, the order of adjudication was passed on 13.10.1982. In LP. No. 5 of 1982, the order of adjudication was passed on 12.11.1982. THEre is no dispute regarding the dates of the filing of the respective Insolvency Petitions and the dates on which the orders of adjudication came to be passed. Likewise, there is also no dispute regarding the date of the execution of the mortgage; the date of assignment as well as the date of sale. THE order of adjudication had become final. THE three applications referred to above were filed by the Official Receiver to annul the deed of assignment as well as the sale. THE Insolvency Court dismissed all the applications on merits. THE Official Receiver filed three appeals and they were allowed. Hence the present Revisions.