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august 2013

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.

Rajeswari(D) By Lrs vs Official Assignee · Niyam