PARTAP CHAND Vs. MOTI LAL

JUDGEMENT

(1.) This revision petition is directed against order dated 13.1.2011 passed by the learned Civil Judge (Junior Division), Manali, district Kullu in CMA No.43 -VI of 2008 in civil suit No.85 of 1997.

(2.) Material facts necessary for adjudication of this petition are that the trial Court passed the order on 29.4.2000 for appointment of receiver. CMA No.5 of 2000 was preferred by Shri Sher Singh against order dated 29.4.2000 passed by learned trial Court before the learned District Judge, Kullu. Learned District Judge, Kullu modified the order dated 29.4.2000 vide judgment dated 23.3.2001. The operative portion of the judgment reads thus (paras 10 and 11): - Therefore Shri M.L. Upachayay Advocate, appointed receiver of the suit property after removing defendant No.4 from custody of the possession of suit property, ordering the said receiver to take possession of the suit property and manage the same as receiver. Said receiver is conferred with powers for managing properly the suit property, realizing rent and profits, protecting and preserving it. The receiver shall maintain due and proper account of the suit property every month and profits or rent received from the property shall be deposited in the trial Court by the receiver and the Court shall invest the amount in fixed deposit, so that finally whosoever succeeded may obtain it. The official receiver appointed shall receive 5% of the total income of the property as commission for managing and protecting the suit property, realizing rent and keeping its proper account. Account every month be also intimated by the receiver to the concerned Court.Consequently, this appeal partly allowed as aforesaid and the order of appointing receiver by the trial Court stands modified. Record of the trial Court alongwith a copy of this judgment be sent back and appeal file be consigned to recordroom. Parties directed to appear in the trial Court on 5.4.2001. -

(3.) Thereafter order dated 23.3.2001 was assailed before this Court by way of Civil Revision No.91 of 2001. The Civil Revision No.91 of 2001 was disposed of on 11.7.2007. The receiver moved an application for police assistance for implementation of the order. The necessary order was passed by the trial Court on 25.6.2008. On 1.7.2008, learned trial court issued directions to Shri Partap Chand, the present petitioner to deposit the entire amount received as rent from E.T.O., Kullu. The E.T.O. Kullu was also directed to deposit the entire rent in the Court or to the receiver. Thereafter, the order was passed by the learned trial Court on 16.7.2008 whereby notice was issued to Smt. Budhi Devi to deposit the entire amount before the trial Court since E.T.O., Kullu has stated that the rent amount has been paid to Smt. Budhi Devi amounting to ˜ 97,440/ -. The Civil Revision was filed before this Court against orders dated 25.6.2008, 1.7.2008 and 16.7.2008, bearing No.143 of 2008. Same was dismissed by this Court on 3.11.2009. S.L.P. was preferred against order dated 3.11.2009 and the same has also been dismissed by the Honble Supreme Court. Thereafter the order was passed by the learned Civil Judge (Junior Division), Manali on 13.1.2011 whereby fresh letter was directed to be issued to the S.D.M., with a direction to depute Filed Kanungo and Halqua Patwari to assist the receiver to identify the suit property. The necessary direction was also issued to the Superintendent of Police, Kullu to provide adequate force to him. The report was called from the receiver by 25.3.2001. Petitioner has assailed this order dated 13.1.2011.