Judgment

SHAH, J. : The Banaras Bank Ltd. - hereinafter called "the Bank" was directed to be wound up by Order of the Allahabad High Court. A committee of inspection was appointed under S. 178-A of the Indian Companies Act, 1913 to act with the official Liquidator, and one of the members of the Committee was Durga Prasad the first appellant in this appeal. The official Liquidator advertised for sale two houses which formed part of the assets of the Bank. Roshan Lal the second appellant made an offer to purchase the two houses for Rs. 18000/-. This offer was accepted by the Official Liquidator and with the sanction of the Court the two houses were sold to Roshan Lal on August 2, 1941. Roshan Lal thereafter transferred the house to Durga Prasad reciting in the deed that the latter was "the real owner" of the houses and that the sale deed from the Official Liquidator was obtained by him benami for Durga Prasad. On coming to learn about this conveyance, the Official Liquidator moved the High Court of Allahabad for an Order that the sale be declared null and void and that Durga Prasad be called upon to surrender the two houses and to re-transfer the same to the Bank. The High Court hel