KSHITISH CHANDRA ACHARJYA CHOUDHRY Vs. RAJA JANAKINATH ROY

JUDGEMENT

(1.) This is an appeal by certain defendants judgment-debtors from an order of the Additional Subordinate Judge of 24-Pargannas passed on 9 August 1930, appointing one Babu Sudhindra Nath Mukerji, receiver in respect of the properties of the defendants judgment- debtors which had been mortgaged to the respondents.

(2.) The properties are extensive and are situated in several districts, namely, 24 Porgannas, Mymensingh, Rangpur Rajshahi and Noakhali.

(3.) The respondents instituted a suit on the mortgages on 10 March 1926, their dues having come up to over Rs. 3,00,000 of which the amount of interest itself in arrears amounted to over Rs. 1,00,000. They applied for the appointment of a receiver in respect of the mortgaged properties, alleging that there was apprehension that the security would be lost by reason of nonpayment of Government revenue, that the value of the securities was being diminished as interest was accumulating so that the mortgaged properties would not be sufficient to satisfy their dues; and that the mortgagors had been declared disqualified proprietor and their estate had been taken over by the Court of Wards. The Subordinate Judge on the 4 March 1929 passed an order holding that a receiver should be appointed. The appellants appealed from this order but the appeal eventually failed as no person had yet been appointed as such receiver. In the meantime a preliminary decree as well as a final decree were passed in the suit. After the appeal had ended as aforesaid the respondents, on 23 July 1930, applied for the appointment of a receiver in accordance with the order passed on 4 March 1929. The Subordinate Judge thereupon made the order which forms the subject-matter of this appeal.