JUDGMENT

Tudball, Muhammad Rafiq and Ryves, JJ. - This appeal arises out of a suit brought by the plaintiff appellant for the recovery of arrears of rent of an agricultural occupancy holding. Kalka Das, the plaintiff appellant, is the zamindar and lambardar of the village. Gajju Singh, the principal respondent in the case, is the occupancy tenant. He was declared an insolvent on the 23rd of June, 1914. On the 5th of June, 1917, Kalka Das brought the suit out of which this appeal has arisen for the recovery of arrears of rent for 1322, 1323 and 1324 Faslis in respect of the holding. The plaintiff impleaded the Receiver also as a defendant in the suit. The Receiver objected to being brought on the record on the ground that the order of the District Judge vesting the property of the insolvent in him (the Receiver) did not refer to the occupancy holding. This objection was allowed. At the time the suit was brought by Kalka Das the insolvent had not been discharged. The latter pleaded in defence that the suit against him was not maintainable in view of the provisions of Section 16(2) of the Provincial Insolvency Act, No. III of 1907. The courts below have accede to this pica and have dis