CHAGLA, C.J.:- This is an appeal against a judgment of Coyajee J. and it arises out of a motion taken by the Official Assignee, who is the assignee of the estate and effects of the husband of appellant No.1 and father of appellants Nos.2, 3 and 4, for a declaration that a deed of gift dated 22-5-1950, made between Daulatram Hukamchand and the appellants was void as against the Official Assignee. The learned Judge, after taking evidence, decided in favour of the Official Assignee and held this deed of gift to be void.

2. Now, a petition was presented by a creditor on 9-8-1951, to adjudicate Daulatram insolvent, and the act of insolvency which was relied upon was a notice of suspension of payment of his debts given by him on 2-8-1951. He was adjudicated insolvent on 21-8-1951. The Official Assignee has challenged the deed of gift under S.55, Presidency-towns Insolvency Act, and that section permits him to avoid a voluntary transfer. If a transfer is made in consideration of marriage, or if it is made in good faith and for valuable consideration, such a transfer cannot be challenged by the Official Assignee. But if a transfer is made without consideration, then such a transfer