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Judgment
Allanson, J.—This appeal by a creditor is directed against an order of the Judicial Commissioner of Chota Nagpur holding that the house and homestead lands of an insolvent cannot be sold by the receiver in view of the provisions of Sections 46 and 47, Chota Nagpur Tenancy Act. The house and lands are recorded as part of a raiyati holding in the record of rights and, if the insolvent has a raiyati right in them, there can be no doubt that they cannot be sold in the insolvency proceedings in view of the provisions of Section 47 of the Act. The difficulty really has arisen because the house is of an unusual size. It would appear that the insolvents were formerly substantial zemindars holding a tenure under the Ramgarh Wards Estate, and the house was built by their ancestors during that period.
Since then the tenure has been resumed. A presumption of correctness attaches to the entries in the record of rights and no evidence has been placed before us to show that that entry is wrong. Not only are these lands entered as part of a kaimi raiyati holding but they have since been assessed to rend u/s 85, Chota Nagpur Tenancy Act.
It was argued that the lands have not vested in the receiver, and that Section 47 of the Act would have no application, but the provisions of that section are quite clear, that it is only in certain circumstances which have no application, in the present case that the Court can pass any decree or order for the sale of the right of a raiyat in his holding.
The appeal is dismissed with costs.
Ross, J.
I agree.