GALI RAMA NAIDU Vs. MUPPALA GANGI REDDI

JUDGEMENT

(1.) These two second appeals have been referred to a Bench for decision as a question of limitation arises and there is no direct authority on the point.

(2.) An examination of the record discloses an unfortunate state of affairs. The second and third respondents are the sons of one Muneappa Naidu, who died in the month of February, 1931. The father and the sons were joint. On the 29 January, 1931, a fortnight before the death of Muneappa, he and his sons disposed of the whole of the family property. By a registered conveyance they transferred to the appellant in S.A. No. 910 of 1940, part of the family estate and the rest of it to the appellant in S.A. No. 1071 of 1940. The consideration for the transfer first mentioned was said to be Rs. 2,000 and for the second Rs. 1,000.

(3.) On the 5 December, 1931, the second and third respondents were adjudicated insolvents by the Subordinate Judge of Chittoor on a petition filed by the first respondent and two other creditors. The transfers to the appellants were made the basis of the order of adjudication. The order of adjudication was passed without opposition. The second respondent, in fact, agreed to the adjudication. At that time the third respondent was a minor and therefore the order of adjudication, so far as he was concerned, was invalid. On the 21st April, 1934, the Subordinate Judge annulled his adjudication.