King, J.

1. The subject-matter of this appeal is a claim by the Official Receiver under Section 51 of the Provincial Insolvency Act for the payment to him of the amount of the bid of the decree-holder in execution of his decree against the judgment-debtor who was adjudicated insolvent. The learned District Judge of Bellary has passed an order calling upon the decree-holder to pay him the amount of his bid less the costs of the execution, and the decree-holder now appeals.

2. It is not seriously disputed at the bearing before us that Section 51 of the Provincial Insolvency Act must govern the decision of this appeal. Nor does the appellant seriously dispute that on the question of the date of the insolvency of the judgment-debtor his rights must give way before those of the Official Receiver. What he does say, however, is that the benefit of the execution does not consist in the bid which he made but consists in his ownership of the property which he purchased, and therefore he is prepared not to pay to the Official Receiver the amount which he offered for the land but to restore the land itself to the Official Receiver. The learned District Judge holds that such a solution o