HIRA LAL MURARKA Vs. MANGTULAL BAGARIA

JUDGEMENT

(1.) The suit out of which this appeal arises was brought by the respondent Mangtulal Bagaria for Rs. 64,020-12-0 on account of royalty due from May 1933 to April 1939 on a mining lease. The appellants (who for convenience are referred to as the Murarkas) obtained that lease in 1920 from Popat Velji. The term was for a period of 994 years at a minimum royalty of Rs. 9000 per year.

(2.) Popat died in 1923, and Mangtulal one of his creditors on 21-7-1924, applied for an order for administration in insolvency of his estate under Section 108, Presidency Towns Insolvency Act. Shortly thereafter on 3-8-1924 Popat's widows, who claimed to be entitled to maintenance, brought Suit No. 5126 of 1924 on behalf of them-selves and all other creditors for administration of Popat's estate under the direction of the Court.

(3.) The original defendant was Popat's father who was said to be in possession of the estate, and the plaintiffs prayed for an enquiry to ascertain the estate at the time of Popat's death, for an account, and if necessary for the appointment of a Receiver.