RAMNIWAS Vs. TH DEVI SINGH

JUDGEMENT

(1.) THESE are three appeals which arise out of connected facts and we propose to dispose of them by a single judgment. Appeals Nos. 25 and 28 are by Ramniwas and others who are decree-holders and appeal No. 79 of 1961 is by Thakur Devi Singh son of Vijai Singh, judgment-debtor.

(2.) THE material facts are these. Ramniwas and others obtained a preliminary decree for Rs. 97719/- in a suit for sale against Vijai Singh judgment-debtor from the court of the Senior Civil Judge, Ajmer, on the 11th August, 1951. This was made final on the 3rd May, 1952. THE property under mortgage then came to be sold for a sum of Rs. 21349/14/- leaving the balance still to be realised personally against him. Vijai Singh died on the 24th August, 1956. Before his death, however, his creditors filed an insolvency petition against him on the 4th April, 1956, during the course of which an interim Receiver was appointed by the insolvency court by an order dated the 4th June, 1956. By this order, the learned insolvency Judge directed the receiver to "take steps to recover compensation payable to the debtor".

(3.) IT must follow from what we have discussed above that it is only after his adjudication that an insolvent can be said to have been divested of his property and it is only then that his property would vest in the receiver ; but before that stage has reached, the debtor does and must continue to be the legal owner of the property.