- (1.) The only question in this appeal is whether Chiranji Lal, declared insolvent had 1 / 3rd share in the property items 1 and 3 which was the subject matter before the High Court.
(2.) This appeal by special leave arises from the order in Second Appeal No. 4 / 75 dated February 15, 1980. The Insolvency Court initially declared all the three partners and the partnership firm by name Chiranji Lal Nihal Chand as insolvents. On appeal filed by Nihal Chand and Sarwan Kumar, the District Court, by order dated August 29,1955, declared them to be not insolvents and set aside the order of the Insolvent Court. The revision filed in the High Court was dismissed on September 29, 1959. Thus as far as Chiranji Lal is concerned, the order declaring him to be insolvent became final.
(3.) The Official Receiver, after taking over the estate, filed an application under Section 4 of the Provincial Insolvency Act on August 16, 1966 for a declaration that the insolvent had 1 / 3rd share in items mentioned in paras 4, 6 and 7; and 2 / 3rd share in property listed in para 5 of the petition. The Insolvency Court declared that he had got 1 / 3rd share in some properties and 2 / 3rd in some other; but on appeal the District Court declared that Chiranji Lal had 1 / 3rd share in Item No. 317, 362 in Division Number 3 in Ludhiana and 1000 sq. yds. in Civil Lines, which the High Court identified as item number 1 and 3 and held that Chiranji Lal had 1 / 3rd share in those properties. Thus, this appeal by special leave.;