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1983 Supreme(All) 388

B.D.AGRAWAL
GAJRAJ SINGH – Appellant
Versus
OFFICIAL RECEIVER – Respondent


Advocates Appeared:
R.H.Zaidi

B. D. AGARWAL, J.

( 1 ) THIS is an appeal under the second proviso to Section 75 (1) of the Provincial Insolvency Act, 1920.

( 2 ) ONE Genda Singh presented a petition on November 6, 1967 under Section 10 (13) of the provincial Insolvency Act, 1920, to be adjudged an insolvent. The petitioner is dead. Respondent no. 4, the daughter, is his legal representative. Respondents Nos. 2 and 3 are the creditors concerned. The petitioner was adjudged insolvent on April 16, 1968 under Section 27 of this act. A direction was given to the Official Receiver, Bulandshahr, to take possession of his properties. The Official Receiver got attached the land in dispute of which the insolvent had been a bhumidhar. On February 26, 1966 this land had been transferred by Genda Singh under an instrument of gift to Gajraj Singh, the appellant. The gift deed was registered on March 10, 1966. Gajraj Singh filed art appeal under Section 68 against the direction to the Official Receiver to take possession of his land. This was allow ed by the Insolvency Judge. The Official Receiver thereafter made an application under Section 53 on April 26, 1972 to annul the abovementioned deed of gift. This was opposed by Gaj








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