Judgment

P. B. GAJENDRAGADKAR, J. : This appeal by special leave arises from the notice of motion taken out by the respondent official assignee under S. 55, Presidency-towns Insolvency Act against the appellants for a declaration that a deed of gift executed by the insolvent Daulatram Hukamchand on 22nd May 1950, in favour of the appellants was void. It appears that some creditors of Daulatram filed a petition in the High Court of Judicature at Bombay, Insolvency Case No. 74 of 1951, for an order that the said Daulatram be adjudged insolvent as he had given notice of suspension of payment of the debts on 2nd August 1951. Daulatram was adjudicated insolvent on 21st August 1951, with the result that the estate of the insolvent vested in the respondent under S. 17 of the Act. On 26th September 1951, the respondent took out the present notice of motion. The impugned deed of gift has been executed by the insolvent in favour of his wife and three sons who are the appellants before us. In reply to the notice of motion appellants 1 to 3 filed a joint affidavit setting out the facts and circumstances under which the said deed of gift had been executed by the insolvent in their favour. In sub