OFFICIAL RECEIVER EAST GODAVARI RAJAHMUNDRY Vs. NALLAMILLI SURAIAH

JUDGEMENT

(1.) This revision petition by the Official Receiver is directed against the order of the District Munsif, Ramachandrapuram, whereunder he refused to place the property of the insolvent brought to sale by the decree- holder at the disposal of the Official Receiver as contemplated by section 52 of the Provincial Insolvency Act. The interest of the judgment-debtor in immovable property in 6 Schedule was attached and brought to sale in execution of the dedree in E.P. No. 8 of 1977. The judgment-debtor was declared insolvent in I.P. No. 9 of 1977. In the said insolvency proceedings, an Official Receiver has been appointed to take possession of the assets, properties, etc., of the insolvent. While the properties of the insolvent-judgment-debtor were put to sale bv the executing Court in E P. No. 8 of 1977, the Official Receiver filed a petition under section 151 for the delivery of possession of the property of the insolvent to him, which property was attached by the decree-holder for the purpose of sale.

(2.) The executing Court was of the opinion that though the immovable properties of the judgment-debtor were attached, the possession of that property was not with the Court and therefore, section 51 of the Insolvency Act has no application. In this view it refuted the application of the Official Receiver. Hence this revision by the Official Receiver,

(3.) In order to appreciate the question, it is necessary to read section 52 of the Insolvency Act. It is as follows: