H.S.Thakur, J. - (1.)In this revision petition, Shri Tilka Raj petitioner has assailed the order of the learned District Judge, Mandi, Kulu and Lahaul Spiti districts, at Mandi, dated 23rd of April, 1980, who upheld the order of the learned Senior Sub Judge, Mandi, dated 27th November, 1979, appointing Shri Amar Chand Sharma as receiver.
(2.)The facts and circumstances as they emerge from the record may be stated.
(3.)The dispute between the parties relates to a shop situated in Chohatta Bazar, Mandi. The petitioner filed an application under Section 145 Cr. P. C. on 24th April, 1978, alleging that the respondents overlooked the disputed shop in his absence on 1st April, 1978 and were threatening him that in case he entered the shop he would be killed. The learned Sub Divisional Magistrate concerned after passing the preliminary order under Section 145 Cr. P. C. recorded the evidence of the parties and came to the conclusion that the actual possession of the shop was with the petitioner Tilak Raj and passed the order accordingly. The respondents, Dinesh Kumar and Devinder Kumar, preferred a revision petition against the order of the Sub Divisional Magistrate in this Court and the same was registered as Criminal Revision Petition No. 98 of 1979. It was contended on behalf of the respondents aforesaid that Tilak Raj petitioner is running the joint family business as the 'Karta' of that business. The criminal revision petition was decided by T. U. Mehta, the then Chief Justice on November 13, 1979. The operative part of the judgment reads as under : "Considering the fact that the respondent Tilak Raj was acting as the Karta of the business conducted in this shop, and is conversant with the whole business which is conducted uptill now, it would be in the interest of the parties that he should be appointed as a receiver till proper orders in the matter are made by a Civil Court. It is, therefore, ordered that under the supervision of the Sub Divisional Magistrate and in presence of both the parties a detailed inventory of the stock-in-trade the account books and other registers as well as the furniture and other articles belonging to the business shall be made and thereafter the day-to-day running of the business shall be entrusted by the Sub Divisional Magistrate to the respondent Tilak Raj, The respondent Tilak Raj shall keep a proper and accurate account of the business conducted by him and shall submit all the details of that account every month to the Sub Divisional Magistrate. The present petitioners shall be entitled to look to the details of the account thus submitted by the respondent Tilak Raj to the Sub Divisional Magistrate and to take proper contentions in that regard. This order shall remain in force til! the Civil Court in a suit which may be filed by the parties makes a similar or any other suitable order. Till the Civil Court makes proper orders, both the parties shall be entitled to approach the Sub Divisional Magistrate and to obtain suitable adjustments as regards the powers of the receiver and the right of the present petitioners to check the accounts."
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