Appeal by special leave from the judgment and order dated March 14, 1963 of the Andhra Pradesh High Court in C.R.P. No.
The three acts of insolvency alleged against him were a evasion of arrest in execution of the money decree in O.S. 67 of 1949 b sale of some of his properties on September 26, 1956 in execution arising from O.S. 73 of 1952 and c sale of some of his properties on September 19, 1956 in execution of money decree in O.S. 9 of 1950.
The Subordinate Judge, Kakinada did number accept the first two acts of insolvency.
A Revision Application filed under S. 75 of the Provincial Insolvency Act was dismissed by the High Court of Andhra Pradesh on March 14, 1963.
An appeal was taken to the District Court at Rajahmundry C.A. 41 of 1958 which was dismissed on October 15, 1959.
Kirpa Narain and T. Satyanarayana, for respondent Nos.
In respect of the third art of insolvency the Subordinate Judge held that it satisfied S. 6 e of the Provincial Insolvency Act and an adjudication and a receiving order were justified in the case.
1 and 9.
The application was based upon three acts of insolvency which the appellant was stated to have companymitted and on the general facts that he was indebted to the tune of Rs.
It was also alleged that he was fraudulently transferring properties in the name of his wife and brother in law and had suffered a companylusive charge decree for maintenance in favour of his wife, to delay and defeat his creditors.
two lakhs, and was unable to pay his debts.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the trial of one of the execution petitions filed against him by a decree holder the appellant admitted that he had numbermeans to pay the decree debt because all his properties were under attachment and were being brought to sale.
The appellant, however, obtained special leave of this Court and has filed the present appeal against the order of the High Court.
He also held another money decree in O.S. 473 of 1948.
474 of 1964.
The evidence regarding evasion of arrest was number found companyvincing and the second act of insolvency was rejected because the sale of the property was in execution of a mortgage decree.
The Judgment of the Court was delivered by Hidayatullah J. On the application of two creditors the appellant Yenumula Mallu Dora has been adjudged insolvent by the Subordinate Judge, Kakinada and a receiving order has been passed against him.
The companytention of the appellant was, and still is, that the third act of insolvency was number established as he had deposited, within one month of the sale, the entire decretal amount together with poundage and companymission and the sale was set aside on his petition under Or.
The respondents before us are one of the petitioning creditors and the legal representatives of the other petitioning creditor who died during these proceedings.
The first petitioning creditor held a decree for money which he had obtained in O.S. 67 of 1949.
The second petitioning creditor held a decree which she had obtained in S. 17 of 1955.
C. Setalvad, and T. V. R. Tatachari for the appellant.
1725 of 1959.
