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1951 Supreme(Raj) 50

NAWAL KISHORE
MANAKCHAND – Appellant
Versus
PANNALAL – Respondent


Advocates Appeared:
INDER MAL, Manakmal, PANNA LAL JAIN, RAMRATAN, ROSHAN LAL, UGAM RAJ

Judgment

NAWALKISHORE, J.

( 1 ) THE only question calling for determination in this revn. is whether the learned Dist. J. was competent in law to direct Manakchand petnr. to deposit the sum of Rs. 1482/8/- on account of rent on the appln. tiled by the receiver to that effect on 10-9-1949.

( 2 ) THIS matter has arisen out of a suit for dissolution of partnership and rendition of accounts between Manakchand on the one hand and Indermal and Manmohan on the other. During the course of the suit 19-12-1947, Ramratan was appointed as a receiver and in that capacity he took charge of the property of the firm including the shop which was subsequently taken on rent from him by manakchand on Rs. 125/- per mensem. Rent was not paid and accordingly, the receiver applied to the Ct. of the learned Dist. J. that orders regarding the recovery of the total amount due on account of rent may be passed against manak Chand. A notice was issued to Manakchand and he raised a number of objections, the most important being that he was in possession of only one- third of the shop. It appears that after the receiver had taken possession he sold the movable property inside his shop consisting of almirahs etc.



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