K S P THANGAVELU CHETTI Vs. KSRCHOCKALINGAM CHETTI

JUDGEMENT

(1.) The appellant is the insolvent. The first respondent is one Chockalingam Chetti, his cousin brother. The second respondent, the Official Assignee of Madras, is formally on the record. The Official Assignee on the 22nd December, 1942, took out an application for directions before the learned Insolvency Judge with regard to the disposition of properties which "according to the insolvent and also to Chockalingam Chetty, represent properties which, under an oral partition, were allotted to the insolvent's share" as well as other properties. One of those properties is to be found in item 4 of Schedule A which is a half share in 9 Devathi Pilliar Koil Street, Pulicat. With that house, I am concerned and I will call that house "the Pulicat House." The learned Judge on the 11 January, 1943, directed the Official Assignee to sell the properties in the schedules to the application before him and the Pulicat House was included. The Official Assignee came before the Court with a further application on the 15 April, 1943, and he said in paragraph (c) of his report that with regard to the Pulicat House the insolvent and Chockalingam Chetti were entitled to a half share each, that an offer had been received from Chockalingam Chetti for Rs. 300 and that he had reports that it was worth more; and he asked for directions as to whether the house might be sold. Chockalingam Chetti in his affidavit in reply to the Official Assignee's report said in paragraph 5 that he was "prepared to abide by any fair price which the Official Assignee or this Honourable Court may suggest.

(2.) The learned Judge's judgment of the 19 April, 1943 was as follows: Having regard to the fact that the Pulicat House is stated to be the family house to continue in occupation of which Chockalingam Chetti will have a natural desire, I am of the opinion that it need not be sold but that Chockalingam should pay to the estate a half share of its value on the basis that the property is worth Rs. 1,500.

(3.) The order followed the learned Judge's judgment and said that the "house at Pulicat shall not be sold but the said K.S.R. Chockalingam Chetti do pay to the Official Assignee a sum of Rupees seven hundred and fifty only representing a,half share of its value." This order has led to subsequent proceedings.