SIR RAMESHWAR SINGH Vs. HITENDRA SINGH (NO2)

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Judicature at Patna, dated November 19,1920. It reversed a judgment and order of the Subordinate Judge of Darbhanga dated June 16, 1919. Their Lordships refer to the judgment of the Board (1924) 26 Bom. L.R. 1153 just announced in the case between the same parties, namely the Maharaja as judgment creditor, and the Receiver of the property and the judgment debtors.

(2.) A Receiver was appointed in 1910 as a Receiver upon the entire estate of the judgment debtors. It is not disputed that this estate included, and still includes, the mortgaged property of Jai Nagar which is in question in this case. Jai Nagar was expressly and by name included in the scheduled properties falling within the order for receivership. Under transactions, upon which it is not necessary to enter, the appellant possessed the property, under an arrangement that he should be debited with the sum of 1,600 rupees per annum in respect thereof. The arrangement appears for a period of years to have been not to the disadvantage of the estate. Of late years, however, the rental of the property has exceeded the 1,600 rupees and, in or about the year 1918-1919, amounted to over 2,700 rupees per annum.

(3.) In these circumstances the Receiver brought his suit before the Subordinate Judge of Darbhanga, claiming:-- 1. That the decree holder may be directed to render an account of all his collections of the said mauza from the date of the decree to the present date. 2. That the decree-holder may be directed to give up and make over possession of the said mauza to the Receiver with such amount as the decree-holder may be liable to pay to the judgment debtors with interest at 12 per cent, per annum.