BHOLA NATH Vs. CHUNNI LAL

JUDGEMENT

(1.) This is a civil revision from an order of the District Judge passed on appeal in an insolvency matter. It was filed originally as a second appeal, but its style was later on altered. It is quite clear that not being a matter within Section 4, Provincial Insolvency Act, the case is not in the nature of a second appeal but more like a revision in a Small Cause Court case where the High Court for the purpose of satisfying itself that the order passed on appeal was according to law may call for the case and pass such order as it thinks fit Section 75, Sub-section (1), Prov. 1.

(2.) A receiver has bean appointed by the insolvency Court of the assets of the insolvent. The question which arose in the Courts below was whether he can in any way deal with these exproprietary holdings or be authorized to attach the standing crops or realize past and future rents. The form of the order passed by the first Court was modified by the lower appellate Court.

(3.) There is no doubt that under Section 23, Sub-section (1), Agra Tenancy Act, the interest of an exproprietary tenant is not transferable in execution of a decree or otherwise except in accordance with the provisions of that Act. Section 28, Sub- section (5), Provincial Insolvency Act, provides that the property of the insolvent for the purposes of vesting in the receiver shall not include any property exempted by the Civil P. C. or by any other enactment from liability to attachment and sale in execution of a decree. As exproprietary holdings are not saleable it follows that they cannot vest in the Official Receiver.