Judgement

Appeal (No. 54 of 1930) from an order of the High Court in its appellate jurisdiction (July 15, 1929)

Law Rep. 58 Ind. App. 215 ( 1930- 1931) Nawab Bahadur of Murshidabad v. Karnani Industrial

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reversing an order of Lort-Williams J.

The appellant as Nawab Bahadur of Murshidabad had succeeded to the benefit of a settlement of immovable properties contained in an indenture of 1891, which was confirmed by Act XV. of 1891, to which it is scheduled. The respondent bank, in execution of money decrees which it had obtained against the appellant, applied to the High Court to appoint a receiver of the rents, issues and profits of properties included in the settlement.

Lort-Williams J. dismissed the application, but upon appeal a receiver was appointed by Rankin C.J. and C. C. Ghose J.

The material terms of the indenture appear from the judgment of the Judicial Committee.

1931. Feb. 13. Dunne K.C. and Dube for the appellant. E. B. Raikes K.C, and M. R. Jardine for the respondents.

March 16. The judgment of their Lordships was delivered by

LORD MACMILLAN. By an order dated July 15, 1929, the High Court of Judicature at Fort William in Bengal, allowing an appeal from an order of Lo