C E GREY Vs. WOOGRAMOHUN THAKUR

JUDGEMENT

(1.) This Rule was issued on the application of Mr. Grey, the Receiver, appointed by this Court, of an eight annas share in; certain property, calling upon Woogramohun Thakur of Barari to show cause why he should not be proceeded against for contempt, for having forcibly taken possession of a piece of land in the possession of the said Receiver without any warrant of authority or the consent of the Receiver, or why such other order should not be made as to this Court may seem fit and proper.

(2.) Cause has now been shown by the learned Counsel for the opposite party. It is necessary to set out some of the circumstances before dealing with the matter raised in the Rule.

(3.) It appears that Woogramohun Thakur is entitled to a four annas interest in the property in question, another four annas be longs to his brother Pran Mohun Thakur, and the remaining eight annas to the parties to the action in which the Receiver was appointed. The suit was brought by Sri Mohun Thakur for partition of the properties in question, against his relatives, the defendants. It was dismissed by the Subordinate Judge upon a preliminary issue. On appeal to this Court the decree of the Subordinate Judge was set aside on the 8 February 1901, and the case was remanded to the Lower Court for the purpose of taking evidence upon the issues, on which no evidence had been taken and the other questions arising between the parties, excepting such as had been dealt with by the learned Judges of this Court, and directing the Subordinate Judge to make a decree such as the plaintiff might be entitled to under the circumstances of the case. On the 18th. March 1901, a further order was made by the Bench, which had disposed of the appeal, directing the Receiver to give up possession, after his accounts were passed. The present Rule was obtained on the 24 Juno 1901 upon the allegation that Woogramohun Thakur had himself or by his servants entered upon mouzah Kusba Barari, one of the properties of which the Receiver had obtained possession under the order of this Court, damaged the indigo crop growing on it, erected a hut and done other acts to the damage of his co-sharers, without the consent of Mr. Grey, and this Court was moved that proceedings in contempt against the said Woogramohun Thakur might be directed. The application was supported by the affidavits of Mr. Grey and two of his employes, viz., Hari Chand Ghose and Sharada Prasad Singh. Of course Mr. Grey has no personal knowledge of the facts which took place in the mofussil. Whatever statements he makes, he makes upon information received from either Sri Mohun Thakur or those persons, who have made affidavits in support of the application. The opposite party has produced affidavits made, one by himself and the other by his manager, Tarini Prasad Dube, to both of which we shall presently refer.