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1953 Supreme(Cal) 107

P.B.MUKHARJI
ALI ISMAIL DOODHA – Appellant
Versus
MOMIN BIBI – Respondent


Advocates Appeared:
A.C.BHABRA, ALI ISMAIL DOODHA, MOHAMAD AZIM, MULLA DAWOOD, P.MANDAL, RAMEN DUTT, U.C.Law, ZANIAB ALI DUDHA

P. B. MUKHARJI, J.

( 1 ) THIS Chamber Summons raises an important question on the nature and character of Receiver's lien and possession.

( 2 ) THE application is made by Mohammad Azim Mohammad Saleji a past Receiver of the estate of Ariff Bham deceased, for an order directing the present Receiver in this suit to pay him the sum of Rs. 11,4237- due to the applicant and also the costs under the orders dated 8-12-1947 and 22-4-1952 when taxed out of the said estate. The applicant also asks that the bond furnished by the applicant jointly with his sureties, the Bharat Fire and General Insurance Co. , Ltd. , do stand cancelled, and for the discharge of the sureties.

( 3 ) ON 5-7-1927 the applicant's father was appointed Receiver of the estate. He died in July 1943. By an order dated 31-8-1944, the applicant was appointed Receiver subject to his furnishing security to the satisfaction of the Registrar. He furnished security with Bharat Fire and General Insurance Co. , Ltd. , and the bond was signed on 2-8-1946. By another order dated 8-12-1947 the applicant was discharged from further acting as such Receiver and was directed to pass his final accounts. By the said order Mr. Bonbehari












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