GAJRAJ SINGH Vs. OFFICIAL RECEIVER

JUDGEMENT

(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 Gajraj Singh on the ground that the application was barred by limitation and that the transfer by gift in his favour had been made in good faith and also that the order of adjudication of insolvency was collusive. The Insolvency Judge recorded the finding that there was no collusion and there was no bar of limitation to the application made by the Official Receiver. The transfer was not for consideration. The application of the Official Receiver was accordingly allowed on September 27, 1973 and in appeal preferred under Section 75 (1) by Gajraj Singh, the transferee, that decision was affirmed. Aggrieved, Gajraj Singh has filed this appeal before this Court under the second proviso to Section 75 (1).

(3.) The sole question raised in the appeal before me is whether the application of the Official Receiver under S. 53 dated April 26, 1972 was barred by limitation Section 53 reads as follows: "Any transfer of property not being a transfer made before and in consideration of marriage or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration shall, if the transferor is adjudged insolvent on a petition presented within two years after the date of the transfer, be voidable as against the receiver and may be annulled by the Court."