DHARAM PAL GUPTA Vs. DULLO DEVI AND ORS.

JUDGEMENT

(1.) This appeal is directed against order dismissing appellants application for appointment of receiver in a case for removal of 4 Trustee and appointment of new Trustee under Sections 73/74 of Trust Act.

(2.) It is not disputed that respondent No. 3 Shamhhu Nath moved application for removal of Trustee, namely Smt. Dullo Devi, respondent No. 1. Be moved application for appointment of receiver on ground of mismanagement and waste. It is also not disputed that appellant Dharam Pal was arrayed as one of the opposite parties in the case. On 26th March, 1983 application of Shambhu Nath for appointment of receiver was dismissed. It now appears that against the said order Shambhu Nath preferred appeal in High Court registered as F.A.F.O. No. 380 of 1983, which is still pending. The case of 1979 could not be decided till as late as 1987. Appellant Dharam Pal moved another application for appointment of receiver. Again the allegations were of mismanagement and waste. It was further alleged that Smt. Dullo Devi admitted that the rent of property was being realized by Dharam Pal on her instructions. But when she learnt about the irregularity she restrained him from realizing rent. It was further asserted that (here was non-compliance of the terms of Trust. By collusion between themselves opposite parties were protracting the case. This application was resisted on behalf of Smt. Dullo Devi Lower Court dismissed the application only on one ground of the res judicata. It did not express opinion on the merits of the application.

(3.) Being aggrieved Dharam Pal has come up in appeal.