MAHANT PARSHOTAM DAS Vs. PREM NARAIN

JUDGEMENT

(1.) This is an application by a receiver appointed by this Court during the pendency of the appeal in the Supreme Court. The prayer of the applicant is that the order of the court below be set aside and he be permitted to obtain actual cultivatory posses sion over the Sir and Khudkasht lands in dispute in. the case,

(2.) The facts of the case, briefly stated, are as-follows. The suit out of which the Supreme Court-appeal has arisen was filed by one Mahant Uma Shankar against the applicant Mahant Prem Das for possession over the endowed property of which the last Mahant was one Bhola Das. Uma Shankar claimed to be the Chela of Mahant Bholadas and duly elected as the Mahant of the estate after the death of Bholadas. This claim was contested by the applicant Mahant Prem Das who claimed himself to be entitled to succeed as Mabant after the death of Mahant Bholadas.

(3.) The property in dispute included certain Sir and Khudkasht plots. During the pendency of the suit, the Court below appointed, one Ghet Ram as receiver of the zamindari property including the Sir and Khudkasht land in dispute by an order dated 6-12-1943. The receiver took charge of the zamin-dari property and of the Sir and Khudkasht lands from the applicant Mahant Premsukh Das.