Supreme Court of India · 1963-05-02
RAGHUNATH KESHAVA KHARKAR vs GANESH AND OTHERS
- Citation / case number
- SC 1962/168
- Court
- Supreme Court of India
- Petitioner
- RAGHUNATH KESHAVA KHARKAR
- Respondent
- GANESH AND OTHERS
- Bench
- WANCHOO, K.N.
Judgment text excerpt
The Supreme Court ruled that an undischarged insolvent can maintain a suit for possession of property after receiving an absolute discharge under the Provincial Insolvency Act, 1920, specifically referencing Sections 28(4), 37, 42, 44, and 67. The Court clarified that the property does not vest in the official receiver post-discharge, and the insolvent retains rights to undisposed property. The High Court's dismissal of the appellant's suit was overturned, affirming the trial court's decision to grant possession.