GORAN Vs. JAMNA DAS

JUDGEMENT

(1.) THIS is an appeal by Mst. Goran and Bhonrilal defendants against the order of the learned District Judge, Jaipur City, appointing a receiver to realise the income from the property in suit.

(2.) THE plaintiffs, who alleged themselves to be trustees of a certain trust called "champalal Gopi Krishna Sahu Trust", created by Mst. Pokhli, averred in the plaint that the properties in suit belonged to Mst. Pokhli, who obtained a decree from the civil courts, Jaipur, against Mst. Goran for possession of those properties. THE decree was obtained from the original court on the 4th of April, 1936, and was confirmed by the Jaipur Darbar on the 9th of December, 1939. THE plaintiffs alleged that they obtained possession of the properties in suit in execution of the aforesaid decree on the 31st July, 1938, but thereafter the defendant, Mst. Goran, took possession of the properties illegally, and began to realise rents from the tenants. In their application for receiver the plaintiffs say that Mst. Goran has got no property from which the mesne profits might be realised in case the plaintiffs obtained a decree for possession and mesne profits. In order to show the financial position of Mst. Goran, the plaintiffs filed a copy of the plaint in a suit filed by Mst. Goran against Mst. Pokhli for maintenance in forma pauperis, and also a statement of Mst. Goran in the said suit recorded on the 13th of October, 1945. Mst. Goran had stated therein that she had no means to pay the court-fee.