SURESH PRASAD Vs. RAM JEE PRASAD

JUDGEMENT

(1.) Both these Misc. Appeals arise out of the same order dated 26 -5 -1994, passed by the Additional District Judge II, Bettiah in Insolvency Case No. 2 of 1970 where by the learned Additional District Judge had dismissed the petitions of the appellants for clarification of the order dated 12 -3 -1992 in respect of the land in the case and to release the properties from the insolvency case. Therefore, both these appeals are disposed of by this common judgment.

(2.) The appellants Chhedi Lal Sikaria and Govind Kumar @ Govind Kumar Sikaria of Misc. Appeal No. 272 of 1994 had filed petition praying therein to clarity the order dated 12 -3 -1992 in respect of the land in the case and to direct the Receiver not to interfere with the title and possession of the petitioners over the land. According to them, on 12 -3 -1992, the Receiver was directed to realise the property of the insolvent and the holding in which the Receiver had put his lock had been locked by the tenant of the petitioner and it is the duty of the Receiver to realise the property of the insolvent debtor for which he was to make inquiry that the property belonged to the insolvent judgment debtor. The two holdings one bearing No. 362 situated in Ujjain Tola Bettiah and another holding bearing No. 29 situated in Mohalla Lal Bazar belonged to these petitioners as petitioner Chhedi Lal Sikaria along with seven others had purchased the property in Court in auction sale in the year 1966. The Receiver did not make any inquiry and it is necessary that the operation of the order dated 12 -3 -1992 should be recalled in respect of who two holdings.

(3.) According to the order dated 12 -3 -1992, passed by the learned Additional District Judge, on 2 -7 -1990 the Receiver Sri Mohan Prasad, Advocate was directed to take steps to divide the property amongst the creditors and the Receiver had to take steps to realise movable and immovable properties. The order dated 2 -7 -1990 shows that by the order dated 8 -1 -1987 of the learned Additional District Judge, Sri Mohan Prasad, Advocate had been appointed Receiver and he was directed to take steps to divide the property amongst the creditors in accordance with law and for that objective he had to take steps for realisation of the movable and immovable properties and from such realised property remuneration had also to be paid. By the order dated 8 -1 -1987, the learned Additional District Judge had appointed Sri Mohan Prasad, Advocate as Receiver.