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1969 Supreme(Ori) 64

B.K.PATRA, S.ACHARYA
T. C. PANIGRAHI – Appellant
Versus
GORU SATYARAJULU – Respondent


Advocates Appeared:
P.V.B.RAO, Y.S.N.MURTY

PATRA, J.

( 1 ) THIS is an appeal against an appellate order of the learned single Judge of this court allowing in part an appeal preferred against a judgment of the District judge, Koraput. One Goru Neelakantham applied on 11-5-1957 to adjudge him insolvent and this application was allowed by the District Judge on 12-12-1959. Long before such adjudication, he had executed a deed of gift (Ex. 1) dated 1611-1948 in favour of his wife, the present appellant in respect of eight items of property including a house situated in Kapur street, Jeypore town, which is item n6. 8 of the schedule of the gift deed. On 26-5-1955, he also executed a sale deed (Ext, 2) in favour of his mother Goru Appayamma in respect of a house site situated in Jeypore town. After adjudication, a receiver was appointed and he filed an application under Section 4 of the Provincial Insolvency Act on 30-1-1961 averring that Exts. 1 and 2 are fictitious documents which were never acted upon and were created with a view to screen the properties from the clutches of creditors. The learned District Judge after enquiry accepted the receiver's case and holding that the documents were fictitious in nature, ordered that th



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