VADLAPATLA MARAYYA Vs. VALLABHANENI BUCHIRAMAYYA

JUDGEMENT

(1.) This is an application for a certificate of this Court to appeal to the Supreme Court against the Judgment of this Court in L.P.A. No. 66 of 1959 dated I5th July, 1960, setting aside the Judgment of our learned brother Sanjeeva Row Nayudu, J. dated 2nd April, 1959, in A.A. O. No. 209 of 1959 and restoring the adjudication of the petitioners as insolvents made by the Additional District Judge, West Godavari, in I.P. No. 14 of 1954 on nth August, 1958. I.P. No. 14 of 1954 was filed by the creditors of the petitioners on 15th September, 1954, alleging that an act of insolvency was committed in that the petitioners' landed property was sold on 31st August, 1954, in execution of a money decree obtained against them in O.S. No. 477 of 1952 on the file of the Court of the District Munsif, Eluru. After admission of the petition, an interim receiver was appointed . It would appear that the interim receiver deposited the amounts due under the decree and the execution sale was subsequently set aside. The petitioners contended that inasmuch as the execution sale was set aside later, that would not be an act of insolvency. Repelling that contention, they were adjudicated insolvents by the order of the District Judge, dated 11th August, 1958.

(2.) Against the Judgment of the District Judge, the petitioners preferred C.M.A. No. 209 of 1958 to this Court. Our learned brother Sanjeeva Row Nayudu, J. allowed the appeal and set aside the adjudication, taking the view that an execution sale that was not confirmed would not be regarded as act of insolvency. Against that Judgment, dated 2nd April, 1959, the matter came up before us in L.P.A. No. 66 of 1959 We set aside that Judgment as the view taken could not be sustained by preponderance of authority.

(3.) The petitioners now seek a certificate to prefer an appeal to the Supreme Court, alleging that the properties of the petitioners who have been adjudicated insolvents, would not be less than Rs. 20,000, that further the judgment of this Court is one of reversal and that it involves a substantial question of law. The petition is opposed. The averments in the counter-affidavit are to the elFect that the properties of the insolvents-petitioners would not be worth more than Rs. 16,000, that their total indebtedness was Rs. 25,000, that further the judgment of this Court in L.P.A. No. 66 of 1959 is one of affirmance of the Order of the District Judge, that no substantial question of law is involved and that no certificate as prayed for could issue.