Ma Joo Tean vs Collector Of Rangoon - 1934 Supreme(Rang) 16

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1934 Supreme(Rang) 16

PAGE
Ma Joo Tean – Appellant
Versus
Collector Of Rangoon – Respondent

JUDGMENT

Page, C J - This appeal must be allowed.

2. The plaintiff in a mortgage suit obtained a decree against the defendant. Pending the determination of the suit a receiver was appointed by the Court on 18th May 1931 "to take possession of the suit property" with the exception of a small strip of land. Now, what is the nature of the possession of a receiver so appointed?

The nature of the office of a receiver is simply this: that he is an impartial person appointed by the Court to collect and receive, pending the proceedings, the rents, issues and profits of land or personal estate or other things in question which it does not seem reasonable to the Court that either party should collect or receive. The object sought by the appointment of a receiver is the safeguarding of property for the benefit of those entitled to it. His possession is on behalf and for the benefit of all the parties to the suit in which he is appointed, and is the possession of all the said parties according to their titles. The property in his hands is in custodia legis for the person who can make a title to it. The title of the real owner is in no way affected either in theory or on principle by his appointme

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