KAVALAPPARA KOTTARATHIL KOCHUNNI Vs. KAVALAPPARA KOTTARATHIL KUNNUKUTTANUNNI

JUDGEMENT

(1.) This appeal has arisen in a suit for appointment of a permanent receiver to the plaint properties belonging to the Kavalappara Sthanam, which has been decreed by the Subordinate Judge, Ottapalam. The first defendant is the present Sthanee and the first plaintiff is the heir-apparent thereto. The only substantial prayer in the plaint is for

(2.) Counsel made a faint suggestion that the appointment of a receiver, except in certain statutory cases, can only be in a pending action, but did not pursue the matter as, according to him, even if the maintainability of we suit be assumed, no ground for such an extraordinary reller has been made out in this case and therefore the suit has to fail even on its merits.

(3.) Counsel for the plaintiffs respondents has not substantiated any of the grounds disregarded by the Court below. Therefore the only question in this appeal is how far the appointment of a 'permanent receiver' is justified by the Sthanee's execution of the two girt deeds referred to above.