OFFICIAL RECEIVERMADURAI Vs. P N KRISHNAIER

JUDGEMENT

(1.) This civil revision petition is filed by the Official Receiver, Madurai, against the order of dismissal passed by the Subordinate Judge, Madurai, dismissing I. A. No. 30 of 1980 in O. S. 444 of 1974. The said application was filed under Ruled 163 and 165 of Civil Rules of Practice for the issue of a cheque in favour of the Official Receiver for Rupees 23,058-65, which represented the rent in respect of the property vested with the Official Receiver and which was deposited by the tenant in the proceedings started by him with reference to the property in his occupation. The amount in court deposit represented the rent for house property forming part of the estate and it is for the period from 1-7-1974 to 23-8-1979. It has to be noted that the insolvency itself has been annulled on 23-8-1979.

(2.) The contention of the third respondent herein (tenant in occupation of the premises) is that in view of the order of annulment, the Official Receiver has no locus stand to file the application since the Receivership has come to an end on the date of annulment. The learned Subordinate Judge agreeing with the said contention dismissed the application. This Civil Revision Petition is filed against the said order of dismissal.

(3.) It is contended on behalf of the civil revision petitioner that on the passing of the order of annulment only the status of the insolvent comes to an end; but the administration of the estate for the period which it was vested with the Official Receiver will have to be carried on to its logical end. In support of this contention, the decision reported in Kamireddi Timmappa v. Devasi Harpal, AIR 1929 Mad 157, is relied upon where the following observation is found :