KRISHNA DEVI Vs. JINDAL RICE MILLS

JUDGEMENT

(1.) This Civil Revision is directed by the lessees of the attached property in execution of the decree against the order dated 15th June, 1988 of the trial court appointing Shri N.K. Singla, Advocate, Nabha as Supardar in place of Sari Bhagwan Dass besides directing that the previous Supardar shall hand over the possession of the Rice Shelling Machine and other articles to the present Supardar. It was also directed that the new Supardar shall summon the officials of the decree- holder at the time of leasing out of the property and that the lease money may be deposited in the Court towards the satisfaction of the decree.

(2.) Briefly stated, the facts are that in execution of the decree, M/s. Jindal Rice Mills owned by Om Parkash was attached. Bhiwani Rice Mills happened to be lessee of this Rice Mill till 31st August, 1988. The movable property was entruested to Shri Bhagwan Dass as Supardar by the bailiff under the direction of the Court. Subsequently, the judgment debtor Om Parkash moved an application that Supardar be removed and a new Supardar be appointed. This application was not resisted by the decree holder except to the extent that it the consent of the new Supardar be obtained before his appointment and that the property should be leased out in the presence of the decree holder, besides the lease amount should be deposited in the Court, However, Shrimati Krishna Devi her son Satish Kumar and her brothers' wife Sunita Singla alleging themselves to be partners of Bhiwani Rice Mills i.e. the lessee submitted written objections to the change of Supardar. The trial Court vide impugned order appointed Shri N.K. Singli Advocate, Nabha as Supardar instead of Bhagwan Dass besides giving the above referred directions.

(3.) The sole grouse of Shri Ashok Bhan, learned counsel for the petitioner is that virtually the order of the trial Court amounts to appointment of a receiver and that it is not sustainable as no reason has been assigned to the change of Supardar. Mr. Surya Kant, learned counsel for the judment debtor, on the other hand, supported the findings of the trial Court contending that aforesaid Bhagwan Dass being the husband of Shrimati Krishna Devi, Objector and relation of other Objectors have a vested interest in the attached property.