LAWS(PVC)-1929-12-10

DHARENDRA KRISHNA DEB Vs. SURENDRA KRISHNA NANDI

Decided On December 18, 1929
DHARENDRA KRISHNA DEB Appellant
V/S
SURENDRA KRISHNA NANDI Respondents

JUDGEMENT

(1.) This appeal has been preferred from an order refusing to appoint a receiver.

(2.) The suit in connexion with which the application for appointment of a receiver was made was one for recovery of arrears of rent and cesses with a prayer for ejectment under Section 66, Clause (2), Ben. Ten. Act. The claim was for the years 1333 and 1334 B. S., on the basis of an ijara patta granted to defendant 1 in July 1927 for a period of six years from 1333 to 1338 B.S. The rent stipulated for in the ijara patta was Rs. 29,000 odd. The suit was instituted en 14 May 1928. The claim was laid at Rs. 50,000 odd after giving the defendants credit for Rs. 20,000 which they had paid.

(3.) Defendant 1 alleged that he was not liable for the entire amount as he was hampered in making collections on account of the fact that the plaintiffs themselves had not got their patta from the Official Receiver before 3 January 1928 and within a few months thereof they instituted the suit. In opposing the application for appointment of receiver he further alleged that he had hypothecated as security for the ijara rent properties to the value of Rs. 45,000 and shares in zamindaris to the value of Rs. 5,000.