JURO SAHU Vs. KAMLESHWARI PRASAD

JUDGEMENT

(1.) This is an appeal by the decree-holder auction-purchaser against an order made by the District Judge of Monghyr in an insolvency proceeding in the following circumstances: It appears that the appellants obtained a money decree on 27th September 1923 against all the members of a joint Hindu family consisting of Sheolal and his brother Maruan, and their sons and grandsons. This decree was put into execution in September 1932 and the appellants became the purchasers on 8 June 1933, followed by a delivery of possession on 22 September, of the same year. In the meantime some of the sons of Maruan filed an application on 21 December 1932 to be adjudged insolvents. This application was rejected by the District Judge on, 11 August 1933, but the order was set aside by the High Court on 14 August 1935. Since this order, by virtue of the provisions of Section 28, Provincial Insolvency Act, the rights of the insolvents in the joint family property have now vested in the Receiver appointed by the Court. The Receiver now proposes to sell the property which, as already stated, has been purchased by the appellants on 8 June 1933, and an objection to this sale has been disallowed by the District Judge.

(2.) It is clear from the above statement of facts that the Receiver has a right to sell the interest, if any, of the insolvents in the property in question.

(3.) Accordingly the appeal is allowed to this extent that the Receiver will be entitled to sell only the right, title and interest of the insolvents in the property and not the whole of the property purchased by the appellants on 8 June 1933. Under the circumstances there will be no order as to costs.