A D NARAYANA SA Vs. BALAGURUSWAMI NADAR

JUDGEMENT

(1.) This is an application by the Receivers for an order that they may be permitted to remove from the Vyasarpady Buildings, copper stills, vats, copper pipes and other old furniture and documents and papers belonging to the Madras Estate and now lying in the Vyasarpady Distillery Buildings which were sold in auction on the 21 of December, 1922 in execution of the decree in the suit.

(2.) The plaintiff in this suit A. D. Narayana Sa obtained a simple money decree against the defendants to whose estate the petitioners Messrs. Fraser & Ross have been appointed Receivers. Tie decree was for over Rs. 2,69,000 and in execution the property known as the Distillery Buildings at Vyasarpady was attached and sold. What was sold was only the Distillery Buildings and the proclamation describes the property to be sold as follows. "Distillery Buildings, Door No. 3, Brighton Road, Barracks, Perambhoor, Madras, bearing Re-survey Number etc." These buildings were originally used as a distillery by the Nadars but sometime before the sale the business ceased to be carried on there. One of the stills had been removed by the Nadars themselves and the property which the Receivers want to remove consist of pipes, stills and a number of vats.

(3.) The application of the Receivers is opposed on the ground that what they want to remove are fixtures which in law go with the property and which have passed to the auction purchaser.