P C CHERIYAN OF POOTHIKOTTU Vs. MATHAN CHACKO OF PANKADATHARAKAN VEEDU
LAWS(KER)-1963-7-42
HIGH COURT OF KERALA
Decided on July 01,1963

P.C.CHERIYAN OF POOTHIKOTTU Appellant
VERSUS
MATHAN CHACKO OF PANKADATHARAKAN VEEDU Respondents





Cited Judgements :-

PARAMATMUNI HANUMANTHA RAO VS. OFFICIAL RECEIVER GUNTUR [LAWS(APH)-1968-9-14] [REFERRED TO]


JUDGEMENT

- (1.)THIS is an appeal by the plaintiff under Section 5 of the High Court Act against the decision of a learned Judge in S. A. No. 128 of 1956-E reported in 1959 Ker LT 93.
(2.)THE plaint property belonged to Eappen and Chacko who assigned it to their brother Koshy on 31-9-1105. In I. P. No. 21 of 1107 on the file of the Quilon district Court the vendors were adjudged insolvents by an order dated 30-111108. On 20-4-1115 the Official Receiver applied under Section 53, Insolvency act, to annual the aforesaid assignment and it was ordered on 11-1-1116. Subsequent thereto, the Official Receiver sold the property to the plaintiff under ext. E on 14-6-1120. Even before the motion to annul the assign ment to Koshy, he had assigned the property on 16-12-1111 to the defendant as per Ext. VI and the defendant had come in possession thereof. But the defendant was not made a party to the annulment proceedings. As the defendant refused to surrender the property to the plaintiff on demand the latter has filed this suit for declaration of his title to and for recovery of the pro perty from the defendant with mesne profits. The Munsif, affirmed by the Additional District Judge on appeal, found the defendant's purchase bona fide for value and without notice of the insolvency proceedings, and the plaintiff's purchase benami for the insolvents, but decreed the suit holding that the annulment proceedings bound the defendant as well.
(3.)IN second appeal, the learned Judge has reversed that decree and dismissed the suit. Hence this appeal.
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