From the Judgment and Order dated 26 9 1973 of the Rajasthan High Court in D. B. Civil Insolvency Appeal No.
Bhanwari Bai donee went up in appeal to the High Court assailing the judgment of the Insolvency Court on the ground that it was legally erroneous.
The plea of the respondent Bhanwari Bai seems to have found favour with the High Court of Rajasthan which allowed the appeal and act aside the judgment of the Insolvency Court declaring the deed of gift as void by its judgment dated September 26, 1973.
149 of 1976.
The Judgment of the Court was delivered by FAZAL ALI, J. To what extent is S. 4 of the Provincial Insolvency Act, 1920 companytrolled by s. 53 of the said Act in the matter of determination of the question of title of a property transferred by the insolvent before he was declared insolvent is the serious question of law which is involved in this appeal by certificate.
On January 4, 1969 the appellant who was the receiver moved the Court under S. 4 of the Act for declaring the deed of gift dated November 7, 1961 as void and inoperative inasmuch as it was a sham transaction.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Verma for the Respondent.
Thereafter the respondent Smt.
On October 15, 1960 Pyarelal was on his own application adjudged as an insolvent by the Additional District Judge, Jodhpur.
The appellant thereafter applied for grant of certificate of fitness for leave to appeal to this Court which was granted by the High Court on October 27, 1975, and.
About seven years later i.e. on April 1, 1968 an application under s. 10 of the, Provincial Insolvency Act hereinafter to be referred for short as the Act was made for adjudging Pyarelal as an insolvent.
On April 5, 1968 the appellant Zohri Lal Soni an Advocate was appointed receiver by the Court.
The insolvent Pyarelal Gupta appears to have executed a deed of gift in favour of his wife on November 7, 1961.
Badri Das Sharma and S. R. Srivastava for the Appellant.
this is how the appeal has been brought to this Court.
50 of 1972.
On March 3, 1972 the Insolvency Court of the Additional District Judge, Jodhpur, after making an inquiry, upheld the plea of the receiver appellant and declared the deed of gift dated November 7, 19.61 as being void and inoperative.
