ALI ISMAIL DOODHA Vs. MOMIN BIBI

JUDGEMENT

(1.) THIS is an appeal from an order of Sen J. dated March 17, 1950 dismissing objections made to an account submitted by a Receiver, and passing the account so submitted.

(2.) THE respondent Mr. Bon Bihari Das was appointed a Receiver in a suit '(Ali Ismail Doodha v. Momin Bibi and ors)' by an order dated December 8, 1947. He filed an account for the period January 1, 1949 to June 30, 1949, and various objections to this account were taken by the appellants. Only one objection was pressed before the learned Judge before whom. the accounts came for approval and that, objection was, that the Receiver was not entitled to charge five per cent on the value of the corpus of the property of which he had taken possession by way of remuneration. The contention was that the Receiver was only entitled by way of remuneration to charge five per cent on all income which he collected from year to year. But the learned Judge held that upon a true construction of the order appointing Mr. Bon Bihari Das as a Receiver he was entitled by way of remuneration to five per cent of the value of the corpus of the property of which he had taken possession. The only issue in this appeal is what on the true construction of the order appointing the Receiver is the remuneration payable to him.

(3.) IT appears that one of the parties made an application to the Court that the Receiver should be entitled to pay the premium in respect of the security ordered out of the corpus of the estate and Sen J. who heard the application so ordered. An appeal from that order to the Appellate Bench was dismissed.