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Saravana Mudaliar Vs. Singaravelu Mudaliar Minor by Mother and Next Friend Sinnammal Achi - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1938Mad730; (1938)1MLJ863
AppellantSaravana Mudaliar
RespondentSingaravelu Mudaliar Minor by Mother and Next Friend Sinnammal Achi
Excerpt:
- .....he has already performed. it is hoped that the suit will be disposed of before further agricultural operations take place; and if not the trial court will doubtless take account of the situation from time to time in considering what course should be adopted in the future.4. the appeal is dismissed with costs.
Judgment:

Horwill, J.

1. This is an appeal against the order of the District Judge of East Tanjore appointing a receiver.

2. In general, a receiver will not be appointed merely because a member of a family files a suit for partition, but there are certain circumstances existing which justify the order passed by the lower Court. The plaintiff is entitled to as much as' a half of the property; and the quarrels in the family and the conduct of the first defendant have made it impossible for him in the past during the pendency of the suit to get his fair share of the harvest; and it seems probable that in spite of any precautions taken by the Court, the plaintiff will not be able to secure his fair share in the income from the property so long as it remained in the hands of the first defendant. The plaintiff is a minor who has to depend upon his mother's relatives for the safeguarding of his interests.

3. The lands are situated only two miles from Negapatam, and the receiver seems to have been appointed only to harvest the existing crops. A part of that duty he has already performed. It is hoped that the suit will be disposed of before further agricultural operations take place; and if not the trial Court will doubtless take account of the situation from time to time in considering what course should be adopted in the future.

4. The appeal is dismissed with costs.


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