( 1 ) IN this Letters Patent Appeal preferred by the plaintiffs the question raised by Mr. R. Subba Rao, the learned counsel appearing for them, is that while an order of adjudication relates back to, under sub-section (7) of S. 28 of the Provincial Insolvency Act, and takes effect from, the date of the presentation of the petition on which the adjudication is made, there is no provision in the Act which makes the vesting of the properties of the insolvent also either in the Court or in the Official Receiver to date back to the date of the presentation of the application.

( 2 ) TO determine the question raised by the learned counsel, it is necessary to set out the relevant facts. The first and the 2nd plaintiffs are the wife and son respectively of the insolvent Hussainappa. As Hussainappa had taken a second wife, the plaintiff ( appellants ) demanded maintenance from him and at the suggestion of some elders, Hussainappa executed an agreement dated 25-6-1962 in favour of the plaintiffs by and under which he agreed to convey his rights, interest and title to the suit lands. As he did not deliver possession of the property in terms of the agreement, the plaintiff filed