Supreme Court of India · 2013-08-05
Rajeswari(D) By Lrs vs Official Assignee
- Citation / case number
- AIRONLINE 2013 SC 432
- Court
- Supreme Court of India
- Petitioner
- Rajeswari(D) By Lrs
- Respondent
- Official Assignee
- Bench
- M. Y. Eqbal, H. L. Dattu
Judgment text excerpt
The Supreme Court held that the High Court erred in rejecting the appellant's application for execution of a sale deed based on the Advocate Commissioner's report, which omitted the appellant's name, despite the Official Assignee's reports confirming her possession of the property under the Presidency Towns Insolvent Act of 1909. The Court emphasized that the Official Assignee's findings should take precedence, leading to the conclusion that the appellant is entitled to the sale deed. Consequently, the Supreme Court allowed the appeal and set aside the High Court's order.