KANAKMAL Vs. KANHAIYALAL

JUDGEMENT

(1.) THIS is an appeal by the creditors against an order of the Insolvency Judge.

(2.) ON 8. 10. 58 Kanhaiya Lal filed an application for adjudication. ON this application a receiver was appointed who took possession over Khasra plots Nos. 171 to 173 situated in village Panotia, Tehsil Amet, District Udaipur on 21. 6. 59 treating them as the property of the insolvent. ON 4. 9. 59 respondents Nos. 2 to 5 filed an objection under section 4 of the Provincial Insolvency Act claiming the above property to be their own on the allegation that they had purchased it from the father of the insolvent under a registered sale-deed dated 29. 4. 59/. 1. 5. 59. This objection was resisted by the receiver and some of the creditors on the ground that the sale-deed was fictitious and was executed to defraud the creditors.