K SHYAMALAMBAL AMMAL Vs. MSRAMAMURTHI

JUDGEMENT

(1.) This is an appeal from dismissal by Kunhi Raman J.of an application made to him by the appellant seeking that the Courtshould direct the filing of a complaint against the respondent or, in the alternative, sanction the appellant prosecuting the respondent.

(2.) The respondent was the receiver appointed by the Court of some villages in the moffussil which were the subject-matter of proceedings to which the appellant was a party. The order appointing him receiver was made on 8-8-1941, whereupon he took possession of two villages, and was responsible for the receipts and expenditure in respect of them. By order of Court made on 24-4-1945, the receiver was directed to deliver possession of the villages to the appellant, and, in substance, the receiver-respondent complied with that order, and he was discharged subject to filing and passing his accounts.

(3.) Thereafter, the appellant, upon examination of accounts, was dissatisfied with regard to them, and she issued applications against the respondent for the purpose of being allowed to surcharge and falsify the accounts and for delivery of account books which the receiver had maintained during his receivership. At the same time, the application, out of which this appeal arises, was also filed. That application was made by reason of information received by the appellant that the respondent, during his receivership had felled a number of trees in the two villages, the value of them being stated to be a sum exceeding Rs. 5,000; he had used the timber for his own purpose, and had not accounted to the estate in respect of their value. Supporting the application, there are affidavits from village officers, such as the manigar, karnam, village munsif and so on containing statements regarding the respondent's conduct. The application was directed to be dealt with by way of oral evidence, since the receiver denied all the allegations charged against him in the several affidavits filed in support of the petition.