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may 1963

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.

RAGHUNATH KESHAVA KHARKAR vs GANESH AND OTHERS · Niyam