ADUSMILLI SEETHALAKSHMAMMA Vs. YERNENI CHALAMAIAH

JUDGEMENT

(1.) Adusumalli Punniah was adjusted insolvent in I. P. No. 36 of 1933 by the Sub-Court. Machilipatnam on 28-9-1934. the petitioner is the wife of A. Punniah. The Official Receiver was appointed as interim receiver. He sold the undivided one-third share of the insolvent. It was purchased by two persons. They separately filed two suits O. S No. 38 and 39 of 1956 for partition and possession of the one-third share of the insolvent in the properties which they purchased.

(2.) Both the suits were tried together and preliminary decrees were passed. Defendants 4 and 5 in the said suits filed appeals in the High Court, A. S. Nos. 317 and 318 of 1961.

(3.) Earlier the appellants in the above said appeals had filed O. S. No. 45 of 1964 for setting aside the alienations of certain properties of the ground that these alienations were not supported by consideration and were not binding on them. The suit was dismissed by the trial court. A. S. No. 247 of 1968 was then preferred to the High Court by the said appellants. All the above three appeals were heard together by a Division Bench of this court consisting of Obul Reddi and Venkateswara Rao, JJ. The Bench gave the judgment in these appeals on 28-10-1970. In the course of the judgment, their Lordships made the following observations:--