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PETITIONER: CHERUVU NAGESWARASWAMI
Vs.
RESPONDENT: RAJAH VADREVU VISWASUNDARA RAOAND OTHERS
DATE OF JUDGMENT: 18/05/1953
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. MAHAJAN, MEHR CHAND HASAN, GHULAM BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 370 1953 SCR 894
ACT: Hindu law-Debts-Father’s power to alienate sons’ interest for antecedent debts-Whether ’property’ and passes to Receiver on insolvency of father-Sale by Receiver, whether vests sons’ interest in purchaser-Provincial Insolvency Act, 1920, as amended in 1948, s. 28A--Retrospective operation--Madras Agriculturists’ Relief Act, 1938, ss. 7, 8-Purchaser of equity of redemption--Right to claim relief.
HEADNOTE: Under the provisions of s. 28A of the Provincial Insolvency Act, 1920, as amended by the Provincial Insolvency (Amendment) Act of 1948, which has been expressly made retrospective, when a Hindu father governed by the Mitakshara law is adjudged a bankrupt, his power to alienate the interest of his sons in the joint family properties for the satisfaction of his antecedent debts not contracted for illegal or immoral purposes, passes to the Receiver as his "property" within the meaning of the Act. Consequently, where a Hindu father who has mortgaged the joint family property for an antecedent debt which is not illegal or immoral becomes insolvent and the rece...