JUDGMENT

B.K. Mukherjea, J. - This appeal is directed against a judgment of the District Judge of Pabna passed on 26th November 1940, in a proceeding u/s 4, Provincial Insolvency Act. The material facts lie within a short compass and may be stated as follows : One Annada Gobinda Chakravarty a medical practitioner at Serajganj in the district of Pabna was adjudicated an insolvent on his own application by the District Judge of Pabna on 7th January 1939; and respondent 6 was appointed a receiver on the same day. On 6th October 1939, the Co-operative Urban Bank of Serajganj, who is respondent 1 in this appeal, and was the principal creditor of the insolvent, filed an application before the receiver, stating inter alia that a house property within the Serajganj Municipality was owned and possessed by the insolvent, though the deed of purchase stood in the name of his first wife Labanya Probba Debi. The receiver was asked to take steps with regard to that property u/s 4, Provincial Insolvency Act. The receiver after making enquiries submitted a report on 16th February 1940, in which he said, that on the evidence adduced on both sides he was satisfied that the property really belonged to