SATYANARAIN SWAMI Vs. PURUSHOTTAM TULSYAN

JUDGEMENT

(1.) THIS appeal is directed against the order dated 11th July, 1995, passed in Title Suit No. 16 of 1991. by the Sub -ordinate Judge -I, Bettiah.

(2.) THE appellant before this Court was the plaintiff no. 10 of the abovementioned suit and the plaintiff nos. 1 to 9 were the Deities. The suit was filed for seeking declaration that the plaintiff appellant no. 10 was the Sebait of the deities. A petition was filed by the plaintiff no. 10 (appellant) for appointment of a Receiver to manage the suit properties properly and also to direct the Circle Officer, Bagaha to submit the account of the usufructs of the suit properties.

(3.) THE lower court rejected the prayer of the plaintiff on the ground that the defendant no. 1 was declared to be in possession by the Sub -Divisional Magistrate, Bagaha, and so he was in possession. Moreover, the lower court further stated that the order of the Magistrate dated 8th December 1988 was final and so there was no question of appointing a fresh Receiver. Since the allegations of mis -management were directed against the Circle Officer and not against the defendant no. 1, the allegations regarding the Circle Officer were irrelevant. On this ground, the learned Sub -Judge rejected the prayer for appointment of Receiver.