BAL VYASI Vs. MAHILA UJJALA

JUDGEMENT

(1.) THIS appeal is from an order passed by the Additional District Judge, Bhind, appointing the Collector as Receiver in a suit between the respondent-plaintiff and the appellant-defendant.

(2.) THE respondent Smt. Ujjala's suit is for a declaration that she is the Bhumiswami of the lands (Khasra Nos. 4,5,64,172,330,403,404,415 and 680) of village Birdhanpur, Pargana Bhind, and that she is in possession of these lands. She alleges that she is an illiterate Pardanashin woman without any issue ; that the defendant, who is her husband's sister's son, got a sale deed, dated December 11, 1967, executed and registered in respect of the suit lands for Rs. 20,000/- by somebody personating her. It is her contention that she never executed that sale-deed, she seeks this declaration. She also claims cancellation of the mutation in revenue record which the defendant got effected on faith of the impugned sale-deed. She claims a declaration that it is fictitious, ineffective and without consideration.

(3.) WHEN the case went back, the plaintiff made an application under Order 40, rule 1, Civil Procedure Code for appointment of a receiver. The learned Additional District Judge appointed the Collector as receiver, directing him to auction the suit lands annually for the purposes of cultivation.