9911796707
|
Home
Issues:
1. Determination of liability for mesne profits in a case involving annulment of a mortgage under S. 53 of the Provincial Insolvency Act. Analysis: The case involved a mortgage executed by a debtor in favor of certain creditors, which was later annulled under S. 53 of the Provincial Insolvency Act. The crucial issue was to decide from which date the transferees should be held accountable for rendering an account of mesne profits: from the date of possession or from the date of annulment of the transfer. The lower courts concluded that the transferees were not liable for profits before the date of annulment. The main contention revolved around the interpretation of S. 53 of the Insolvency Act and the legal consequences of the annulment of the transfer. The Court clarified that the transfer was annulled under S. 53 and not S. 54 of the Provincial Insolvency Act. S. 53 states that a transfer can be voidable, not void ab initio, and may be annulled by the Court. The Court emphasized that until the transfer is annulled by the Court under S. 53, it remains a valid transaction, and no accountability for profits arises. The possession of the transferee under a valid title is lawful until annulled by the Court, making the transferee not responsible for profits until the date of annulment. The appellant relied on a Privy Council case and a Madras High Court case to argue for claiming mesne profits from the date of the transfer. However, the Court distinguished these cases, emphasizing that they were not applicable to the present case under S. 53 of the Insolvency Act. The Court cited a local case where it was held that a transfer under S. 53 is not void ab initio and the transferee remains in lawful possession until the annulment, supporting the decision that the transferee is not liable for profits until the date of annulment. In conclusion, the Court upheld the lower court's decision, stating that the transfer under S. 53 of the Provincial Insolvency Act is voidable, not void ab initio, and the transferee is not accountable for mesne profits until the Court annuls the transfer. The possession of the transferee is considered lawful until the date of annulment, absolving them of liability for profits before that date.
|
