GIRDHARI LAL Vs. JHAMAN LAL

JUDGEMENT

(1.) This application has its origin in certain proceedings in the insolvency Court at Saharanpur.

(2.) It appears that one Abdul Rahim was declared an insolvent and after the receiver had been appointed steps were taken for the realization of the assets of the insolvent for the purpose of discharging his debts. After other property of the insolvent had been disposed of it became necessary to resort to sale of his zemindari property paying land revenue and consequently under the provisions of Section 60 of the Provincial Insolvency Act (Act V of 1920) the sale of the insolvent's immovable property was entrusted to the Collector. Under the section in question, when the Collector is entrusted with the duty of selling property of this kind in insolvency proceedings he exercises the powers which are conferred on him by paras. 2 to 10 of the Third Schedule to the Civil P.C. The Collector is moreover subject to such rules as have been made by the Local Government in the exercise of the powers conferred upon it by Section 70 of the Civil P.C.

(3.) It appears that before the Collector was asked to sell the immovable property of the insolvent some negotiations had been going on between the Receiver and one Shah Muhammad Nazir for the purchase of the zamindari property by private sale, and in the report of the Receiver, dated the 30 of January 1926 it is stated that this gentleman was willing to give Rs. 11,000; for the property.