Judgment

FAZAL ALI, J. - To what extent is S. 4 of the Provincial Insolvency Act. 1920 controlled 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. The insolvent Pyarelal Gupta appears to have executed a deed of gift in favour of his wife on November 7, 1961. 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 insolvent. On April 5, 1968 the appellant Johri Lal Soni an Advocate was appointed receiver by the Court. On October 15, 1968 Pyarelal was on his own application adjudged as an insolvent by the Additional District Judge, Jodhpur. 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. On March 3, 1972 the Insolvency Court of the Additional District Judge, Jodhpur, after making an inquiry, upheld the pl