DHANI RAM AND OTHERS Vs. MANGU AND OTHERS

JUDGEMENT

(1.) THIS second appeal by Plaintiffs arises out of a suit for possession and damages. Dhani Ram and others brought the suit against Mangu and five others on these allegations.

(2.) THE Plaintiffs owned zamindari property in a number of villages in district Bijnor. They applied Under Section 4 of the Encumbered Estates Act. One Laik Ram creditor applied for appointment of a receiver. Accordingly, the Special Judge appointed a receiver to manage the zamindari property belonging to Plaintiffs. This property included plots, which were Khudkasht of Plaintiffs. On 29 -6 -1943 the receiver let out Plaintiffs' plots to Defendant Nos. 1 to 5 for a period of three years on an annual rent of Rs. 500/. On 5 -7 -1954 the Plaintiffs brought the suit to recover possession from Defendants and for damages on the ground that the Plaintiffs were Bhumidhars of the land and Defendants have no right to cultivate the land. Defendants pleaded that they were sirdars of the land in dispute. This portion was accepted by the trial court. The Plaintiff;' claim was, therefore, dismissed. An appeal filed by the Plaintiffs was dismissed by the District Judge, Bijnor. Plaintiffs have, therefore, come to this Court in second appeal.

(3.) IT was urged by Mr. Shanti Bhushan appearing for the Appellants that when the receiver is appointed by the court, the property does not vest in him. Consequently, he cannot execute leases with respect to the property in his charge. In support of this contention, he referred to a number of decisions of different High Courts.