V. MURALIMANOHAR Vs. K. RAGHAVAN AND ORS.

JUDGEMENT

(1.) The short question that arises to be decided in this case is as to whether the provisions of Sub -section (2A) of Sec. 15 of the Madras City Civil Court Act. 1892, as incorporated by the Amending Act XXXIV of 1980, and which provision, came into force on 7th May, 1981, is retrospective or prospective. The Principle City Civil Judge, Madras, in his order dated 15th December, 1981 in Civil Miscellaneous Petition No. 1121 of 1981 in Civil Miscellaneous Appeal No. 137 of 1981, under revision, held that it is retrospective on operation and that the appeal filed before him by the first Respondent herein (Advocate -Receiver) was maintainable. It is against this order that the present revision has been filed.

(2.) The necessary facts for the disposal of this revision petition may be stated Original Suit No. 5109 of 1978 was filed in the Court of the Fifth Assistant City Civil Judge, Madras, for realisation of licence fee for several years payable by the contractors in respect of the suit properties situate at door No. 18, Bazaar Road, Mylapore at the rate of Rs. 500 per mensem. K. Raghavan, the first Respondent, was appointed Advocate -Receiver in Application No. 2092 of 1969 and he took possession of the properties on 11th September 1972. Though by the order of appointment he was required to file accounts once in two months, he filed his first account on 2nd July 1973 for the period ending 31st May 1973 and the second account on 20th March, 1976 for the period from 1st June 1973 to 30th August, 1975. Thereafter, on 16th March 1976 an application (Interlocutory Application No. 7214 of 1976) was filed for directing the Receiver to account for the income received by him and he filed his third account on 24th March 1976 for the period from 1st October, 1975 to 29th February, 1976 and finally on 23rd October 1976 he filed a 'nil' account for the period ended 25th July 1976. Thereafter Interlocutory Application No. 2338 of 1976 was filed for discharging the Receiver and he was discharged from the receivership in August, 1976 and another Receiver appointed in his place.

(3.) Another applications Interlocutory (Application No. 7214 of 1976) was filed by the fourth Plaintiff under Order XL, Rule 3 and Sec. 151 of the Code of Civil Procedure to direct the Receiver to deposit into Court a sum of Rs. 60,750 collected from the market from November, 1971, to March, 1973, at the rate of Rs. 1,000 per month and at the rate of No. 1,250 from April, 1973 to February 1976, and also for a directions to him to file weekly statement of collections made by the Receiver.