GULAMJAN KHAN Vs. ZAINUBUNNISA BEGUM

JUDGEMENT

(1.) THIS is an appeal under S. 605, Cl. (21). Hyd. Civil P. C. (S. 104, C. P. C.), on behalf of the Defendants against the order of the Sessions Judge, Aurangabad dated 20th February 1951 allowing the petition of the Plaintiff and appointing Mr. Prabhakar Rao as Receiver under Sec. 535 of the Hyderabad Civil Procedure Code (corresponding to Order 40, Rule 1 of the Central Procedure Code). This appeal arises out of a miscellaneous petition filed in a suit for possession and mesne profits. The allegation in the petition is that the suit property belonged to Mohammed Khan the deceased, who was Plaintiff's husband; Defendants have no right to the property and have wrongfully got into possession, and it has been brought to the knowledge of the Plaintiff that they are committing waste by cutting down fruit -bearing trees and selling the wood & are thinking of running away, so a Receiver may be appointed under Sec. 535 of the Hyderabad Civil Procedure Code. This petition was supported by an affidavit.. On this petition, the Court passed an ex parte order appointing a Receiver. The Defendants appeared & filed a petition denying that Plaintiff is the wife of the deceased & alleged that they are the nephews of the deceased and are in rightful possession of the property. They further denied that they in any way intend transferring the property or causing any waste. This petition was also supported by an affidavit. Both the parties were cross -examined. The Court, after hearing the arguments of the parties on this petition, appointed Mr. Prabhakar Rao as Receiver. Against which is this appeal.