ALI ISMAIL DOODHA Vs. MOMIN BIBI

JUDGEMENT

(1.) This Chamber Summons raises an important question on the nature and character of Receiver's lien and possession.

(2.) The application is made by Mohammad Azim Mohammad Saleji a past Receiver of the estate of Ariff Bham deceased, for an order directing the present Receiver in this suit to pay him the sum of Rs. 11,4237- due to the applicant and also the costs under the orders dated 8-12-1947 and 22-4-1952 when taxed out of the said estate. The applicant also asks that the bond furnished by the applicant jointly with his sureties, the Bharat Fire and General Insurance Co., Ltd., do stand cancelled, & for the discharge of the sureties.

(3.) On 5-7-1927 the applicant's father was appointed Receiver of the estate. He died in July 1943. By an order dated 31-8-1944, the applicant was appointed Receiver subject to his furnishing security to the satisfaction of the Registrar. He furnished security with Bharat Fire and General Insurance Co., Ltd., and the bond was signed on 2-8-1946. By another order dated 8-12-1947 the applicant was discharged from further acting as such Receiver and was directed to pass his final accounts. By the said order Mr. Bonbehari Das was appointed the Receiver.