JUDGMENT - Manohar Sujata J.:- This is an application by the Official Assignee for a declaration that the family arrangement dated 30th October 1967 under which the tenancy rights of two shops bearing Nos. 4 and 5 situate at 177, Dongri Street, Bombay belonging to the insolvents were allotted to Bai Ratanbai Morarji Kanji, and which arrangement has been declared as a fraudulent transfer by a judgment of this Court dated 8–10–1971 confirmed in Appeal by this Court on 13–1-1981, be set aside, and the Official Assignee may be ordered to take possession of these'shops and to proceed thereafter with the sale thereof either by public auction or by private treaty as the Official Assignee may deem fit and proper. The Official Assignee has also prayed that the “transfers” made by Bai Ratanbai in respect of the said shops under an agreement dated 11–4-1974 to Atul Doongarsi Co. and under an agreement dated 13–10–1978 to Varsha Traders as well as a partnership deed dated 23–12–1968 between Bai Ratanbai Morarji and Babubhai Govindji Thakkar be declared as null and void and not binding on the Official Assignee.

2. In the present case the relevant facts are as follows: The debtors, namely, Babu

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