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Question

In which of the following cases court held that –

  the Insolvency Act would prevail over the Transfer of Property Act?

A Wazirey v. Mathura Prasad Wazirey 1939. Correct Answer Incorrect Answer
B Nallajerla Krishnayya v. Vuppala Raghavulr 1958 Correct Answer Incorrect Answer
C Jaggeswar Butt v. Bhuhan Mohan Mitra Correct Answer Incorrect Answer
D Burma Shell Oil Storage Company Vs. State of U.P Correct Answer Incorrect Answer

Solution

In this case Wazirey was declared insolvent on the 31st October, 1927, and an official receiver was appointed to take charge of the assets of the insolvent. The receiver executed the sale deed and was registered also. The present case was filed for possession of the two houses(assets of insolvent). The suit was contested on the grounds inter alia that the defendant was not bound by the sale deed executed by the receiver as he had no power to do so and that the houses belonged to his wife and mother. Here the court held that the Insolvency Act would prevail over the Transfer of Property Act.

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