9911796707
TMI Blog1955 (10) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that the appellant was guilty of waste and a fraudulent design to convert and secrete the assets, a greater part of which consisted of outstandings and movables. The defendant-appellant denied having committed any waste or other injurious acts. She also denied any fraudulent design on her part to convert or secrete the assets. The learned Subordinate Judge found on Issue No. 1 that the defendant has not been proved to be guilty of waste or other acts injurious to the reversion, but on Issue No. 2, he held that apart from proof of acts of waste, on the facts of the case, there was sufficient justification for the appointment of a receiver to safeguard the interests of the reversioners. 2. The properties of Vaithianatha Ayyar, which de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Similarly, Sundaram Pillai, as receiver of the business, was directed to file into Court within two weeks from the date of the decree, a report disclosing in full and in detail the stock-in-trade and assets belonging to the business. The defendant appeals against the decree of the learned Subordinate Judge. 3. On the findings arrived at by the learned Subordinate Judge, which were not in any way canvassed before us, it appears to us that an appointment of a receiver was not called for. The learned Judge rightly quotes a relevant passage from Mayne's Hindu Law, nth Edition, page 305. But apparently he has overlooked the principles stated therein. In that passage we find the following: Though no specific acts of waste or mismanagement, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with his earlier finding that there is no positive proof of any fraud, or waste. If the mere fact that a portion of the estate consists of movables is sufficient to justify the appointment of a receiver in the case of a limited owner, then there will be practically no case in which a receiver need not be appointed. We therefore allow the appeal and set aside the decree in so far as it appoints the defendant and Sundaram Pillai as receivers in respect of the outstandings and the business respectively. We, however, confirm the decree of the Court below in so far as it directs the defendant to file a statement of account disclosing the oustandings, movables and cash belonging to the estate. It is represented to us that the defendant has since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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