OFFICIAL RECEIVER OF SOUTH KANARA Vs. BASTIAO SOUZA

JUDGEMENT

(1.) There is nothing in the Provincial Insolvency Act or in Mariappa Pillai V/s. Raman Chettiyar [1919] 42 Mad. 322, to prevent the creditors and, therefore, the Official Receiver, from proceeding under Section 53 of the Transfer of Property Act if they wish; and the fact that they have another remedy under Section 53 of the Provincial Insolvency Act does not deprive them of their right of suit under Section 53 of the Transfer of Property Act.

(2.) The appeal must be allowed and the lower Court is directed to admit the appeal and hear it.

(3.) Costs up to date will abide the result.