SHEO KUMARI DEVI Vs. SHAKONTALA DEVI

JUDGEMENT

(1.) I shall dispose of these two matters by a common judgment as both of them arise out of a common suit.

(2.) In view of the direction of this Court, the Court below held, by an order dated 9 -4 -1981 that the receiver is being discharged so far as agricultural lands are concerned. It was held in Civil Revision No. 89 of 1978 that the suit will abate in respect of agricultural land. It is for this reason that the Court below was right in discharging the receiver from the agricultural land. I, therefore, uphold the order dated 9 -4 -1981 and the order dated 23 -5 -1981. Hence, I have disposed of Civil Revision No. 1370 of 1981.

(3.) Civil Revision No. 1137 of 1981 has been filed against an order dated 10th July, 1981. By the impugned order, the receiver was directed to hand over the agricultural lands in question to the defendant Mostt. Shakuntala Devi forthwith, It is this order which has been challenged by the learned Counsel for the petitioner. By the order dated 9 -4 -1981 the receiver was ceased to be the receiver of the agricultural land. If it is so, the Court below erred in directing the receiver to hand over agricultural land to defendant Mostt. Shakuntala, Devi. In view of the fact that the agricultural lands are not the suit lands therefore, the order is without jurisdiction. It will be the business of the consolidation authorities to deal with the agricultural land and the Civil Court has no jurisdiction as the High Court held that the suit abated so far as agricultural lands are concerned. I, therefore, set aside the last portion of the order dated 10th July, 1981 by which the receiver was directed to hand over the lands in question to defendant Mostt. Shakuntala Devi.