MOHD. SAEED Vs. MOHD. SHAKEEL

JUDGEMENT

(1.) Heard Sri K. Ajit, learned counsel for appellant Sri Ramendra Asthana, counsel for respondent.

(2.) This is a plaintiff's appeal under Order 43, Rule 1 (s) Civil Procedure Code (hereinafter referred to as "CPC") has arisen from order dated 30.08.2014 passed by Sri Sudhir Kumar, Additional District Judge/Special Judge (Essential Commodities Act), Mainpuri rejecting request to appointment of Receiver to collect rent from tenants of property which were subject matter of suit.

(3.) Appellant instituted Original Suit No. 265 of 2004 vide plaint dated 01.11.2004 impleading Mohd. Shakeel, brother of plaintiff, Sabir Hussain s/o Shabbir Hussain and Badrunisan, wife of Sabir Hussain, as defendants 1, 2 and 3. Details of property has been given in para 1 and it is said that it was Waqf property of which Abdul Hafiz was Mutwalli. He filed an application before Court of District Judge, Mainpuri seeking permission of selling Waqf property mentioned in para 1 of plaint which was registered as Case No. 235 of 1987 and application was accepted vide Court's order dated 26.02.1988. Thereafter aforesaid property was sold to plaintiff and defendants 1 and 2 for consideration of Rs. 30,000.00 and to this effect permission was granted by District Judge.