(Pedda) Kondappa Vs. (Ganne) Pullappa and ors.

(Pedda) Kondappa vs (Ganne) Pullappa and ors.

Type Court Judgment Court Chennai Decided Apr 30, 1929

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Citation: sooperkanoon.com/799340
Court: Chennai
Decided On: Apr 30, 1929
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

(Pedda) Kondappa

Respondent

(Ganne) Pullappa and ors.

Legal References

Reported In: AIR1929Mad910

Excerpt

- waller, j.1. i am inclined to take the view that the appellant has been adjudicated on an act of insolvency not relied on in the application against him. the act of insolvency alleged in the application was the sale of the property to a person who was not a creditor. that might have been an act of insolved. with reference to section 53 of the act. what, however, the judge found was that an act of insolvency had been committed because the appellant had preferred some of the creditors by paying them off out of the proceeds of the sale. that seems to me to be a very different matter. the petitioning creditors did not put it forward. it was the appellant that put it forward as a defence.2. i would dismiss the application, allowing the appeal with costs.pandalai, j.3. i agree.

Full Judgment

Waller, J.

1. I am inclined to take the view that the appellant has been adjudicated on an act of insolvency not relied on in the application against him. The act of insolvency alleged in the application was the sale of the property to a person who was not a creditor. That might have been an act of insolved. with reference to Section 53 of the Act. What, however, the Judge found was that an act of insolvency had been committed because the appellant had preferred some of the creditors by paying them off out of the proceeds of the sale. That seems to me to be a very different matter. The petitioning creditors did not put it forward. It was the appellant that put it forward as a defence.

2. I would dismiss the application, allowing the appeal with costs.

Pandalai, J.

3. I agree.

Same Parties (Pedda) Kondappa vs (Ganne) Pullappa and ors. Same Subject Civil

Civil