OFFICIAL RECEIVER Vs. PERUMAL PILLAY

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 Act, one of which is the provision to Secs.56(3), which is in the way of a Court removing any parson 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 these properties along with respondents 2, 4 and 5.