OFFICIAL RECEIVER OF SOUTH ARCOT Vs. PERUMAL PILLAI

JUDGEMENT

(1.) Section 4 of Act V of 1920 is wide enough to enable an Insolvency Court to adjudicate upon questions of title "which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any case" of Insolvency.

(2.) But the power given by this section is subject to the provisions of the Acts one of which is the proviso to Section 56(3) which is in the way of a Court removing any person from the possession of property whom the insolvent has not a present right to remove.

(3.) In this case it is not admitted that the insolvent has a present right to joint possession of those properties along with respondents Nos. 2, 4 and 5. 3. In that respect this case differs on the facts from the Official Assignee of Madras V/s. Ramachandra Aiyar 68 Ind. Cas. 898 : 46 M. 54 : 16 L.W. 559 : (1922) M.W.N. 658 : 43 M.L.J. 569 : (1923) A.I.R. (M.) 55 where the insolvent had a right to be in joint possession of the family property with his sons.