JUDGMENT

1. The appellant Garibia Bibi purchased certain properties from one Hanif Mian, who had in turn purchased them from one Oli Mahammad, who was adjudicated insolvent after the date of Hanif's purchase and before that of Garibia Bibi. On an application by a creditor, one Mathura Prosad Rajgharia, u/s 53 read with Section 54A. and also u/s 4, Provincial Insolvency Act, the learned District Judge of 24-Parganas has found that both the alleged transfers were fictitious and has ordered that Oli Mahammad had right, title and interest in the disputed property which on his adjudication vested in the Official Receiver. The appellant contests this decision. The creditor Mathura Prosad Rajgharia has appeared in the appeal through his advocate who states that he does not contest it. The appeal has been contested by the Official Receiver. For the appellant, it is contended first, that the findings 6f fact of the learned Judge are wrong; secondly, that in so far as the application is one u/s 4, Provincial Insolvency Act, it cannot be maintained at the instance of a creditor, and that hence the proceedings are without jurisdiction; and thirdly, that in any case the order is incorrect in so