ANANTALAL CHAKRAVARTY Vs. BIBHUTI BHUSAN DAS

JUDGEMENT

(1.) This is an appeal by a creditor from an order passed in an insolvency proceeding. The respondent Bibhuti Bhusan Das was adjudged n nsolvent on 4th December 1940, and was give one year?s time to apply for his discharge. A receiver e was appointed of his properties, but it appears that the properties in his possession being raiyati holdings which could not be attached and sold under the provisions of the Chota Nagpur Tenancy Act, the receiver did not take possession of his properties or take any steps to sell them.

(2.) On 4 December 1941, the insolvent filed an application for his discharge. The present appellant, who was creditor 2, appeared and filed a petition of objection alleging, inter alia, that the insolvent had two homestead plots, namely Nos. 624 and 626, which with the house standing on plot No. 624 were liable to be sold. The insolvent, on the other hand, asserted that he being an agriculturist, his house on plot No. 624 and the other plot which was necessary for the enjoyment of his house could not be attached or sold.

(3.) The learned District Judge, upon the evidence adduced by the parties, came to the finding that the insolvent was an agriculturist and that plot No. 624 was his residential house and plot No. 626 was adjacent to it and necessary for the enjoyment of it and consequently both plots were exempt from attachment and sale. He accordingly rejected the creditor's objection by his order dated 11th November 1942. It is from this order that this appeal has been preferred by the creditor.