GOVINDNARAYAN AGARWAL Vs. MANHORLAL LADDHA

JUDGEMENT

(1.) These appeals have been filed by the appellant aggrieved against the orders dtd. 30/8/2017 passed by the trial court, whereby, the applications filed by the appellant under Order XL Rule 1 read with Sec. 151 CPC for appointment of receiver on the suit properties (shops) have been dismissed.

(2.) The appellant - plaintiff filed suits for cancellation of allotment, possession of shops No.J-1/17 and H-II/4 situated at Rajmata Vijiya Raje Scindia Krishi Upaj Mandi, Jodhpur. It was alleged by the appellant that the suit properties were allotted to the appellant and he was in possession of the suit properties, however, in the year 1998 on account of his physical condition, he went to Maharashtra and before going to Maharashtra, he handed over the keys of the shops to defendants No.1 in both the suits for the purpose of storing their goods.

(3.) It is claimed that in the year 2012, when the plaintiff returned back and came to know that the shops were being given on lease by the Mandi for a period of 99 years and the appellant wanted to take the said shops on lease, he came to know that the defendants committing fraud and by way of preparing fraudulent seals and signatures of the appellant got the same allotted in their name. Based on the said allegations, the relief of cancellation of allotment and possession of the shops in question was sought in both the suits.