ANTARIJYAMI NAIK Vs. BSRATH

JUDGEMENT

(1.) This is an appeal by certain insolvents against an order of the learned District Judge of Cuttack made in an insolvency matter.

(2.) The respondent who is the Official Receiver of Ganjam petition, ed the insolvency Court under Secs.4 and 5, Provincial Insolvency Act, 1920, praying: (1) for a declaration of the right of the Official Receiver to receive the usufruct arising from certain lands set out in Schedule A and B which were held by the insolvents from year to year including the crops than standing on the said lands, (2) for an injunction to restrain the insolvents from misappropriating the usufruct from the said lands including the crops then standing thereon.

(3.) The petition came before the learned subordinate Judge of Berhampore and he held that the crops in question did not vest in the Official Receiver and accordingly dismissed the petition. On appeal the learned District Judge reversed the decision of the learned subordinate Judge and held that these crops did vest in the Official Receiver. He remanded the case to the Court below to deal with the question of the injunction. Against that order this present second appeal has been preferred. The appellants were adjudicated insolvent and it appears that their debts amount to Rs. 50,000. Appellant 1 is the owner of certain land which is sardar inam and appellant 2 is the owner of a naik inam. These inam lands, it is alleged on behalf of the appellants, cannot be attached in execution of a decree and cannot vest in the Official Receiver on insolvency.