KOLAPARATHI VENKATASUBBIAH Vs. MADALLAPALLI VENKATASUBBIAH

JUDGEMENT

(1.) The plaintiff is the appellant and he filed the suit for recovery of possession of three items of immovable properties on the strength of a Court sale held in execution of a money decree obtained against one Yegnayya.

(2.) The contesting respondents are subsequent purchasers of the properties from the heirs-at-law of Yegnayya and their defence is that no title passed to the plaintiff under the Court sale. Yegnayya was adjudged an insolvent and his adjudication was subsequently annulled under Section 43 of the Provincial Insolvency Act for failure to apply for discharge within time. While annulling the adjudication the Insolvency Court passed an order under Section 37 of the Act vesting the debtor's properties in the Official Receiver for a period of one year.

(3.) Before the year expired, the appellant brought the properties to sale without impleading the Receiver and purchased the properties. It appears that the debtor died before the sale and his heirs were brought on record as his legal representatives.