KANCHAN DEVI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THIS is an appeal against an order of the official liquidator dated July 31, 1967, rejecting two claims of Gyan Chand Raidani for arrears of rent (and interest thereon) against the Jwala Bank Limited (in liquidation). One claim, relating to the period from October, 1942, to September, 1947, had already been decreed by the Munsif of Mirzapur on March 28, 1949, in Suit No. 457 of 1947 ; while the other, relating to the period from October, 1947, to June, 1949, was afresh claim that had not been the subject of any judicial decision.

(2.) THE Jwala Bank Limited had taken a certain house on rent from Misri Lal Raidani and his sons in the year 1934: but subsequently in 1935 Misri Lal Raidani and his sons executed a usufructuary mortgage in favour of the Jwala Bank Limited in respect of various properties including this same house. As already noted, a decree was obtained against the bank for the rent from October, 1942, to September, 1947, from the court of the Munsif of Mirzapur on March 28, 1949. But a subsequent suit filed in 1950 for the arrears that had accrued from October, 1947, onwards was frustrated because the Jwala Bank Limited had meanwhile gone into liquidation and this court did not permit Gyan Chand Raidani to continue the suit. At the same time it was observed that he would have the right to file his claim before the official liquidator in the course of the winding -up proceedings; and this is how the matter came before the official liquidator, resulting in the order of July 21, 1967, that has been appealed against.

(3.) THE claim for the rent accruing between October 1, 1947, and June 4, 1949, which has not been the subject of any judicial adjudication so far, is clearly covered by the decision given in Special Appeal No. 430 of 1955 and has rightly been disallowed by the official liquidator.