G C MOSES Vs. ACOAKESHOIT

JUDGEMENT

(1.) This is an appeal by Mr. G.C. Moses against an order of the learned Judge on the Original Side sitting in insolvency whereby he granted the insolvent, who is the respondent in this appeal, but who has not appeared, his discharge subject to his paying Rs. 140 for six months to the Official Assignee, the first of such payments to be on the 10 of March and the subsequent payments to be made on the 10 of every subsequent month.

(2.) It appears that the respondent was adjudicated insolvent on his own petition on the 27th of January 1923, his liabilities being about Rs. 40,000 and the assets at about Rs. 3,600.

(3.) The Official Assignee stated in his report: "A point to notice in this insolvency is the transfer of insolvent's furniture to one of his creditors. This transfer was subsequently set aside by the Court and sold for the benefit of the general body of creditors." That transfer is alleged to have been made on the 7 of February 1922 in favour of one Mr. Mac-Millan. The learned Judge who was then sitting in insolvency set it aside, holding that the insolvent and MacMillan put their heads together and hit upon the device of an assignment of the said property, furniture and household effects for the purpose of using the same as a shield against Mr. Moses who was the landlord of the house in Behala and to whom the insolvent owed arrears of rent, and against other creditors.