SIMLA BANKING AND INDUSTRIAL CO., LTD. Vs. ABDUL GHAFOOR AND OTHERS

JUDGEMENT

(1.) THIS is a glaring case of the proverbial law's delays particularly in regard to execution matters. A preliminary decree for sale for the realisation of Rs. 30,382 with interest and costs was passed against one Abdul Ahad on 9th July 1924 and on 3rd March 1925 a final decree was passed. Abdul Ahad having died on 13th May 1928, a personal decree was obtained against his legal representatives to the extent of the estate in their possession some time later in 1928

(2.) SEVERAL applications for execution were filed but they do not seem to have resulted in the decree -holder being able to realise anything and the last application was made on 1st March 1937. In the course of these execution proceedings, an application was filed on 20th September 1937 for accounts of rents of two houses situate in Saniauli. This application was dismissed but on appeal Dalip Singh J. held on 5th May 1939 that a Receiver could be appointed. He relied on a judgment of Bhida J. in Sunder Singh v. Ganga Ram, : I. L. R. (1938) Lah. 305 : (A. I. R. 1938 Lah. 93) in which the appointment of a Receiver to take possession of property in an Indian State was held to be intra vires because the Court was acting in the exercise of its jurisdiction in personam over the defendant and could order the defendant to hand over the possession to the Receiver.

(3.) IN my opinion, this appeal must succeed. The custodian is a party to these proceedings and any judgment passed against him is binding on him and he is bound to obey it. Under S. 8, Administration of Evacuee Property Act, Act XXXI [31] of 1950, property declared to be evacuee property under S. 7 is deemed to have vested in the Custodian for the State and any person in possession thereof is deemed to be holding it on behalf of the custodian. Under S. 9 of the Act, the custodian can take actual physical possession of the property if the person in possession refuses to surrender possession thereof to the custodian. Section 10 of the Act gives the powers and duties of the custodian generally. Sub -section (2) of S. 10 provides :