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1925 Supreme(All) 185

DANIELS, SULAIMAN
Net Singh – Appellant
Versus
Receiver of the Estate of Gajraj Singh – Respondent


JUDGMENT

Daniels, J. - This is an appeal against an order of the District Judge of Jhansi refusing to set aside two alienations made by the insolvent after adjudication on the ground that this particular property does not vest in the receiver. The learned District Judge's order is so brief as to hardly amount to a judgment at all. He does not specify the nature of the property or give any reasons why it does not vest. He merely refers to a previous order of his which was passed on an application to prosecute the insolvent u/s 69 and which has no bearing on this question. From other papers on the record, however, it appears that the property is property to which the provisions of the Bundelkhand Alienation of Land Act of 1903 apply. The appellant before us is the principal creditor of the insolvent. The learned District Judge relied on Section 16 of the Bundlekhand Alienation of Land Act which says that no land belonging to a member of an agricultural tribe shall be sold in execution of any decree made after the commencement of this Act. Sub-section (5) of Section 28 of the Provincial Insolvency Act provides that the property vesting in the receiver shall not include any property whi

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