JUDGMENT

Broadwat, J. - Nand Singh, an undischarged bankrupt, a Lambardar and Jagirdar in the Ambala District, has preferred this appeal against the order of the District Judge, Ambala, dated the 17th January, 1922, directing the Receiver to sell a house belonging to the insolvent; and to arrange through the Collector, for the farming out of his land, some 100 bighas in area. The order also directs the insolvent to pay into Court all panchotra money in his hand. Mr. Kharak Singh has appeared for Nand Singh, and nobody has appeared on the other side.

2. So far as the house is concerned, inasmuch as the appellant is an agriculturist and as it is said that this is the only house he possesses, it appears to be not liable to be sold. The order relating to this house is, therefore, set aside.

3. In regard to the panchotra money Mr. Kharak Singh urged that it, too, was not liable to attachment under the provisions of Section 60, Civil Procedure Code. He also referred to Section 70 of the Punjab Land Revenue Act. I am unable to see that the income of the panchotra is covered by these sections. Qua this, the order will stand.

4. Next, it was urged that the Receiver only suggested in his report that three-fourths of the land should be farmed through the Collector, but the Court has directed that all the land should be so farmed. It has been pointed out in the grounds of appeal that two-fifths of the entire holding of the appellant is under mortgage, the mortgagees being in possession, and Mr. Kharak Singh urged that a provision should be made for the maintenance of the insolvent and his family suitable to his condition in life, not as an undischarged bankrupt, but as a Lambardar and a Jagirdar. The proposition appears to me somewhat novel. As, however, the Receiver has reported that three-fourths of the land belonging to the insolvent was sufficient and there is the order of the District Judge qua the whole land, I direct that only three-fourths of the appellant's land should be farmed through the Collector.

5. To this extent the appeal is accepted. No order as to costs.