JAI KRISHNA AGARWALLA Vs. CHANDRABHAN MISHRA

JUDGEMENT

(1.) The application herein has been made on behalf of the Plaintiff jai Krishna Agarwalla for an order, inter alia, for sanction for prosecution of Chandrabhan Mishra on the ground of making false statements in two affidavits filed in the previous application in this proceeding.

(2.) The facts leading to this application, inter alia, are that by a consent decree dated March 28,1961, one Muraridas Agarwalla was appointed the manager of the property in suit with power to collect rents, issues and profits, thereof and to pay up the decretal amount of Rs. 18,000 from out of such collections in the manner as provided in the consent decree. Under the consent decree; neither the Plaintiff nor the Defendant would have the right to induct any tenant or sub -tenant without the consent of the manager and likewise the said manager would have no right, to induct any tenant or sub -tenant without the consent of, the Plaintiff and the Defendant. Incidentally, it should be mentioned also that both the Plaintiff and the Defendant were are jointly interested in the said premises as lessees thereof. It is also provided that so long the said manager would remain in office or till the decretal amount would be fully paid off, neither the Plaintiff nor the Defendant would have any right to collect of realise the rents from the tenants in respect of the said premises or to grant any rent receipt in respect thereto.

(3.) In course of his functioning as such manager the said Muraridas Agarwalla made a complaint against one Golab Chand Hirawat in the criminal Court alleging that Hirawat had, trespassed into three of the godowns in the said premises on February 28, 1972 -On April 7, 1972, Hirawat filed a petition before the Magistrate stating, inter alia, that he was lawfully inducted into the said premises as a tenant by the Defendant Mishra and in support thereof filed two receipts granted by Mishra on January 15, 1972. On the basis of the said statement the Magistrate directed restoration of possession to Hirawat of the said premises upon certain terms.