FOOL KUMARI DASI Vs. KHIROD CHANDRA DAS GUPTA

JUDGEMENT

(1.) The appeal arises from and the Rule is directed against the appellate order of the Second Additional District Judge of 24-Pargannas, dated the 23 December 1925.

(2.) One Dulal Chand Datt applied on the 15 June 1923 to be adjudicated an insolvent. The Subordinate Judge passed the order of adjudication. The creditors alleged that the insolvent was the owner of certain properties which stood in the name of his wife, having been transferred to her by a deed of gift dated 1907. The Receiver in insolvency made a report and thereafter advertised the properties to sale as the properties of the insolvent. The insolvent's wife then applied to the Subordinate Judge claiming the properties as her own. The Subordinate Judge held an enquiry in which evidence was adduced on both sides. He held that the gift was bona fide and that the insolvent's wife acquired a good title under it and was in possession of the properties since the transfer. The Receiver preferred an appeal to the District Judge which was heard by the Second Additional District Judge and he by an order dated the 23 December 1925, reversed the decision of the Subordinate Judge holding that the gift was a benami transaction. This order is now before us on appeal and in revision at the instance of the insolvent's wife. The value of the properties is said to be more than Rs. 10,000.

(3.) The question that we have to consider is whether the Subordinate Judge had jurisdiction to deal with the question of title that arose, and, if so, whether the appeal from his decision lay to the District Judge in view of the value of the properties involved.