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1918 DIGILAW 173 (CAL)

Amina Khatun v. Nafar Chandra Pal Chowdhury BR Srikumar Chatterjee @APPELLANT

1918-04-03

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JUDGMENT 1. These three appeals are directed against an order, dated 9th September 1912, made by the District Judge of Nadia in the exercise of insolvency jurisdiction. 2. It appears that one Munshi Mohamed Kayem was adjudicated an insolvent on the 1st of May 1911, and that when the Receiver appointed by the Court proceeded to sell his properties, the three appellants preferred claims to certain items. Their claims having been dismissed, they have preferred the present appeals. 3. In Appeal No. 516 the appellant is the insolvent's wife Amina Khatun. Her case is that on the 21st July 1903 and 15th Magh 1310/1904 by two conveyances her husband transferred to her the properties she claims in satisfaction of a certain portion of her dower. 4. In Appeal No. 574 the appellant is one Srikumar Chatterjee. His claim is based on a purchase at a sale for arrears of cess effected on the 3rd of March 1909. 5. In Appeal No. 575 the appellant Chandra Bhusan Biswas was also a purchaser at a sale for arrears of cesses. In his case the sale and purchase took place on the 31st January 1906. 6. From the dates we have giver), it is apparent that the transfers in question in all three cases were' made more than two years before the adjudication. Section 36 of the Provincial Insolvency Act has, therefore, no application. It follows that the Insolvency Court has no jurisdiction finally to determine the questions arising between the claimant appellants and the purchaser from the Receiver of the right, title and interest of the insolvent. 7. In this view it is unnecessary for us to go into the merits of the claims or to discuss the other contentions advanced by the parties, and we, therefore, dismiss these appeals. We make no orders as to costs.