JASODA SAHUANI Vs. SATYABHAMA SAHUANI

JUDGEMENT

(1.) THESE two analogous miscellaneous appeals are against an order dated December 9, 1963 of the Subordinate Judge, Berhampur by which defendant Satyabhama Sahuani was appointed receiver of the entire property till the disposal of the suit with directions to her to maintain and submit annually accounts of receipts and expenditure separately regarding the cultivation, harvesting and preservation of the suit property in terms of the said order.

(2.) FOR convenience of understanding the nature of the dispute among the parties leading to the appointment of Receiver, a genealogical table showing the relationship of the parties in T.S. No. 69 of 1963 so far as relevant is set out as follows : The circumstances in which these two appeals came to be filed are as stated hereunder.

(3.) IN this view of the facts and circumstances of the case, defendant Satyabhama is hereby removed from receivership of the estate, and in her place a reliable competent Advocate is to be appointed as receiver. As regards the personnel of the Advocate receiver, the District Judge, Berhampur is directed to appoint a receiver, an Advocate of the local Bar ? whom he may think fit and proper on such security and on such remuneration as he may think reasonable. The District Judge is also directed to give such necessary directions for immediate handing over of the estate by defendant Satvabhama to the new receiver to be appointed and to give such other directions for regular submitting of accounts and in all matters for efficient management of the entire suit properties as and when he may think necessary. We must make it cleat that the Courts below are not bound by any of our observations in this judgment and that they are free to act and decide matters coming before them all according to law. IN the result, therefore, the defendant Satyabhama is discharged from receivership and a new receiver is directed to be appointed by the District Judge, Berhampur in terms aforesaid.