GIRIJA KUMARI Vs. KIRAN CHANDRA BAKSI

JUDGEMENT

(1.) This appeal arises out of an order made by the learned District Judge in insolvency proceedings in the following circumstances. On 7-2-1935, five persons, members of a Hindu joint family, filed an application to be adjudged insolvent, showing debts at Rs. 23,839-14-6 and assets at Rs. 65,015-8-6. But of the assets no less than Rs. 53,000 represented debts due and unrealised, and the value of the movable and immovable properties of the family was placed at Rs. 12,000. Thus, it was claimed they were unable to pay their debts. On 1-3-1935, they applied for the appointment of a Receiver, and on 15-1-1938, the Receiver applied to the Insolvency Court under Section 4, Provincial Insolvency Act for an adjudication that two deeds of gift executed by members of the family were sham and colourable, and not real transactions.

(2.) On 23-6-1981, Masudan Sah, a member of the family, executed a deed of gift in favour of his wife in respect of certain lakhiraj lands comprising plots Nos. 2798, 2793 and 1131 of which the value is said to be Rs. 400 to Rs. 800. On 5-3-1934, the wife executed a will, leaving these lands to her daughters-in-law. She subsequently died, and on 5-7-1935, the said daughters-in-law obtained letters of administration.

(3.) On 20-4-1932, Dular Sah, the head of the family, executed a second deed of gift in respect of lakhiraj lands covering plots Nos. 2037, 2107 and 2106 in favour of his five daughters-in-law, the wives of his five sons, who subsequently applied to be adjudged insolvent. These plots included the family residential house, and the value including the house is said to be Rs. 4000 to Rs. 5000.