CHUNILAL THAKKAR Vs. WALAMJEE KHEMJI (DEAD) AFTER HIM,

JUDGEMENT

(1.) IN this appeal, the order passed by the learned Subordinate Judge, Sambalpur, removing the Appellant from the office of receiver of the suit house has been challenged.

(2.) A few facts may be stated: Khemjee was the common ancestor of the parties. He acquired the suit house in Sambalpur town. He died leaving his sons Walamjee (original Plaintiff), and Amritlal (original Defendant No. 1), as well as his widow Dhankuanr (original Defendant No. 2). Walamjee instituted Title Suit No. 67 of 1976 for partition against his brother Amritlal, mother Dhankuanr and son and daughter of his deceased sister Jasoda. During pendency of the suit, Walamjee, Amritlal and Dhankuanr died. Legal representatives have been substituted. The suit is still pending.

(3.) WALAMJEE filed a petition on 10 -4 -1981 alleging therein that the Appellant was submitting the accounts without stating the details of the expenditure incurred by him, he was spending money out of the rents for his own maintenance, he was incurring loans and giving loans to others, the rent receipts and vouchers for taxes were not submitted along with the accounts, he paid different amounts at different times to his grandmother Dhankuanr, and so he abused the office of receiver. Therefore, he was liable to be removed and a fresh receiver should be appointed. The Appellant filed a counter in which he stated that he was maintaining regular accounts and furnishing returns to the Court giving details of the expenditure incurred. As he had no source of livelihood," he expended money out of the income of the "suit house. He denied that he misappropriated any amount or that he was carrying on the business of money lending.