10 of the Letters Patent by a Division Bench of the High Court.
Ranganadham Chetty, A. V. Rangam, A. Vedavalli and M. I. Khowaja, for the appellants.
Appeal from the judgment and decree dated September 9, 1958, of the Allahabad High Court in Special Appeal No.
S. Pathak and G. C. Mathur, for the respondent.
18,000/ .
Roshan Lal the second appellant made an offer to purchase the two houses for Rs.
CIVIL APPELLATE JURTSDICTION Civil Appeal No.
Roshan Lal thereafter transferred the houses to Durga Prasad reciting in the deed that the latter was the real owner of the houses and that the sale deed from the Official Liquidator was obtained by him benami for Durga Prasad.
The judgment of the Court was delivered by SHAH J. The Banaras Bank Ltd hereinafter called the Bank was directed to be wound up by order of the Allahabad High Court.
December 21.
The High Court held that the sale deed was obtained by Durga Prasad who was the real purchaser, that he had suppressed his interest in the purchase, and that being a member of the companymittee for inspection, qua the Bank he occupied the position of a trustee and was on that account precluded from.
On companying to learn about this companyveyance, the Official Liquidator moved the High Court of Allahabad for an order that the sale be declared null and void and that Durga Prasad be called upon to surrender the two houses and to retransfer the same to the Bank.
The Official Liquidator advertised for sale two houses which formed part of the assets of the Bank.
This offer was accepted by the Official Liquidator and with the sanction of the Court the two houses were sold to Roshan Lal on August 2, 1941.
A companymittee of inspection was appointed under s. 178 A of the Indian Companies Act, 1913 to act with the Official Liquidator, and one of the members of the Committee was Durga Prasad the first appellant in this appeal.
569 of 1960.
214 of 1956.
