BHOORA Vs. SOHAN

JUDGEMENT

(1.) THE petitioner Bhura and the vendor of the respondent Chhotu admittedly are owners of undivided agricultural land comprising an area of 39 Bighas 3 Biswas of land. Chhotu executed a sale-deed in favour of the respondents to the extent of half share of land in the joint holding. A dispute cropped up between the parties wherein the petitioner's claim that infact his brother Chhotu had no right to execute a sale-deed in favour of the respondents to the extent of half share as he was entitled to only one-third share. Several proceedings for injunction were initiated between the parties and finally a Receiver was appointed to the entire land of 39 Bighas and 3 Biswas of land which went upto the stage of Board of Revenue who confirmed the order passed by the S. D. O. and the Revenue Appellate Authority regarding appointment of Receiver in regard to the entire land of 39 Bighas and 3 Biswas.

(2.) MR. Jain, learned counsel for the petitioner initially challenged the appointment of Receiver in regard to the land in question and contended that the courts below had no authority to pass an order directing delivery of possession of the suit land to the Receiver and the said order is beyond jurisdiction. Although the contention is not without merit, yet I do no propose to enter into this question for the reason that the Receiver has already taken possession of the entire land of 39 Bighas and 3 Biswas of land. MR. Jain thereafter further contended that even as per the case of the purchaser-respondent, they are claiming only half of the suit proper-ty and according to the petitioners at the most Chhotu could have executed a sale-deed in favour of the respondents to the extent of one-third one and yet the court below has appointed, Receiver in regard to the entire suit land.