RAMNIWAS Vs. THAKUR DEVISINGH

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 Kamniwas and others who are decree-holders and appeal No. 79 of 1961 is by Thakur Devi singh son of Vijaisingh, Judgment-debtor.

(2.) THE material facts are these. Ramniwas and others obtained a preliminary decree for Es. 97719/-in a suit for 'sale against Vijaisingh 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. Vijaising 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, 1958. By this order, the learned insolvency Judge directed the receiver to "take steps to recover compensation payable to the debtor".

(3.) BEFORE proceeding further it may be mentioned that the judgment-debtor vijaisingh was an 'istimrardar' in the former State of Ajmer and his estate was resumed as a result of the Ajmer Abolition of Intermediaries and Land Reforms act, 1955 (Act No. III of 1955) and he became entitled to receive certain compensation in lieu of his estate. It appears that Devisingh respondent objected to the order by which an interim receiver was appointed for taking steps to recover the compensation money from the Jagir Commissioner ; but this objection was rejected and the order was made absolute on the 17th May, 1958. Meanwhile on 16th April, 1958, the appellants decree-holders made the execution petition, out of which appeal No : 25 of 1980 arises, seeking attachment of the judgment debtor's compensation money in the hands of the Jagir Commissioner. An order of attachment was issued by the executing court on the 14th May, 1958. The Jagir commissioner, however, informed the court that it was not possible to comply with the order of the court as a Receiver had already been appointed by the insolvency court and the said Receiver had asked for payment to be made to him of the compensation money payable to the Istimrardar. Thereupon on the 27th August, 1958, the decree-holders made an application to the court that although it was correct that an interim Receiver had been appointed by the insolvency court yet the compensation money payable to the judgment-debtor had not been paid to him, and so the Jagir Commissioner could not refuse to send the amount to the executing court in execution of their decree. This application was opposed on behalf of the Receiver who seems to have been under the impression (though a mistaken one) that the judgment-debtor Vijaisingh had been adjudged an insolvent, and that his estate vested in him, and, therefore, he alone was entitled to receive the compensation money payable to him (Vijaisingh ). It is not disputed before us that Vijaisingh was never adjudged an insolvent and that he had died and the application for insolvency is still pending in the court of the insolvency Judge against his son and heir Devisingh. It is in these circumstances that the learned Senior Civil Judge Ajmer by his order dated the 15th February, 1960, which is under appeal before us held that the decree-holders "cannot get the compensation attached", or, in other words, proceed in execution against the jagir compensation money payable to the judgment-debtor and in the hands of the Jagir Commissioner. These are the facts relative to appeal No. 25 of 1960.