CHELURAM Vs. CHETANRAM

JUDGEMENT

(1.) THE background of this special appeal is that the appellant Cheluram filed a suit for declaration, possession and division of holding against the respondents. THE suit is pending. Together with the plaint an application for the appointment of a receiver was made under sec. 212 of the Rajasthan Tenancy Act. THE sub-divisional Officer Karanpur appointed a receiver on 29-4 68. An appeal to the Revenue Appellate Authority was at first dismissed in default but the case went up to the Revenue Board and came back to the Revenue Appellate Authority who eventually restored the appeal and then set aside the order of the S. D. O. appointing a receiver and directed that possession of the property be returned to the persons from whom it was taken. It was further ordered that the amount deposited in the bank by the receiver, being the proceeds of cultivation of the land, would remain under the custody of the court below.

(2.) BOTH parties filed revisions against this order before the Board. The present appellant's revision was rejected on 20-1-72 and the revision by the respondents was accepted by a single Member on 19-4- 72 and against this acceptance this special appeal has been filed.

(3.) THE net result is that, for both the reasons stated above, we hold that the appeal is not maintainable and it is accordingly dismissed with costs.