MOHD MAQBOOL Vs. MOHD SHEIKH

JUDGEMENT

(1.) THIS revision arises out of an order passed by District Judge Pulwama whereby he has accepted the appeal of the respondents herein. The trial court seems to have appointed a receiver with regard to the suit property measuring 19 kanals and 12 marlas of land which is subject matter of dispute. The defendants filed appeal against the said order and the District Judge found that there was no prima facie case in favour of the plaintiff - appellant ; that mutation would not confer any title on him ; that no specifications were given in his plaint with regard to the suit property ; that suit by one co -owner against the other co -owner was not maintainable in the present form ; that appointing receiver was incapable of being implemented and if the receiver was appointed it was probable that the defendants would be dispossessed.

(2.) IT may be mentioned here that plaintiff -appellant claims the property through his mother, respondents claim the property through their father. Mother of the plaintiff -appellant and father of the respondents -defendants were brother and sister. Mutation is said to have been effected in their favour with respect to the property to the extent of 1/2 share in favour of the appellants mother and 1/2 share in favour of respondents father. The petitioners case was that he was in possession of 1/2 share in the land and respondents were not allowing him to cultivate the land and they were bent upon dispossessing him forcibly. The defendants respondents have filed the written statement. They have denied the title of the petitioner.

(3.) THE main question which needs to be determined in this case is whether the appellant is in possession of his half share or not. If he is in possession of half share of the property i.e. the suit property, then the trial court may reconsider his application for appointment of receiver. If he is out of possession of the suit property, then application for appointment of receiver cannot be granted because in the case plaintiff -petitioner has to frame the suit property and seek the relief by which he can obtain possession of the suit property.